Bruce G. Barber, District Director, Immigration and Naturalization Service, San Francisco v. Lal Singh

STEPHENS, Circuit Judge.

Appellee is an applicant for suspension of deportation. It is conceded that he is subject to deportation, and the issue before us is the correctness of the District Court’s order holding that his eligibility for suspension of deportation should be determined under the provisions of the Immigration Act of 1917 1 rather than the Immigration Act of 1952. 2

Appellee first entered this country in 1925. He was convicted of violation of the Passport Act of 1918 and deported, but in 1927 he again illegally entered the United States. In 1935 he stated undér oath to an examining…