Spector

This suit is for a judgment declaring that an outstanding warrant for the deportation of appellant, plaintiff below, is without force and for an injunction restraining appellee, District Director of the Immigration Service, from proceeding against him under the warrant pursuant to § 23 of the Internal Security Act of 1950, 8 U.S.C.A. § 156 After joinder of issue, summary judgment was granted in favor of appellee on the latter’s motion. The argument in support of the relief asked by appellant is that before the effective date of the amendments made by the Internal Security Act of 1950 to section 20 of the Immigration Act of 1917 the deportation order had spent its force or become functus officio by virtue of unexcused lapse of time.

The facts are riot in dispute. Appellant Spector is a native of Odessa, Rus-sia, where he was born in 1895. He-departed from Odessa' in 1913, embarking at Trieste, Austria, and was admitted to the United' States on August 27 of that year. He has since lived in the United States, most of the time in California. He married a fellow immigrant, ánd 'there is one ■ child as - issue of the marriage, a daughter, who herself is the wife of an American'…