Barber

In October of 1948, appellee aliens filed a complaint in the District Court praying that appellant be enjoined from proceeding with deportation hearings against appellees except in accordance with the provisions of sections 5, 7 and 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq.

The court below granted appellant’s motion to dismiss the complaint upon the ground that the Administrative Procedure Act, by its terms, was inapplicable to deportation proceedings, Appellees appealed. While the appeal was pending, the Supreme Court ruled that the Administrative Procedure Act was applicable to deportation proceedings. Wong Yang Sung v. McGrath, 1950, 339 U.S. 33 , 70 S.Ct. 445 , 94 L.Ed. 616 .

Being bound to follow the decision of the Supreme Court, we remanded the cause to the District Court on April 24, 1950 with instructions “to grant the relief prayed for in the complaint, or if that cowse is found to be unnecessary to make such other disposition of the cause as may be appropriate.” 9 Cir., 181 F.2d 492 .

After remand, appellant moved below to file an amended answer setting up facts proving that the administrative hearings had been completed and compliance with the…