Joao Simoes Barreiro v. Herbert Brownell, Jr., Attorney General of the United States

MATHEWS, Circuit Judge.

On September 28, 1951, in the United States District Court for the Northern District of California, appellant, Joao Simoes Barreiro, a deportable alien, commenced an action against J. Howard Mc-Grath, the then Attorney General of the United States, 1 for a judgment declaring that appellant was eligible for suspension of deportation. The Attorney General answered, a trial was had, an opinion 2 was filed, and on March 13, 1953, a judgment was entered declaring that appellant was ineligible for suspension of deportation. This appeal is from that judgment.

The action was…