Hiroichi and Tsugino Hamasaki v. Herbert Brownell, Jr., Attorney General of the United States

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing appellants’ (plaintiffs’) complaint. Appellants, husband and wife, are natives of Japan who, without visas, last entered the United States in April of 1929. The Board of Immigration Appeals, in its order dated January 9, 1953, directed that appellants depart from this country voluntarily without expense to the Government and that, if they did not so depart, the privilege of voluntary departure shall be withdrawn and appellants deported pursuant to law.

The complaint in the District Court attacks the…