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

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, for a judgment declaring that appellant was eligible for suspension of deportation. The Attorney General answered, a trial was had, an opinion 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 purportedly based on 8 U.S.C.A. § 155 (c), 62 Stat. 1206 , which provided that, with inapplicable exceptions: “In the case of any alien * * * who is deportable under any law of the United States and who has proved good moral character for the preceding five years, the Attorney General may * * * suspend deportation of such alien if he is not ineligible for naturalization or if ineligible, such ineligibility is solely by reason of his race, if he finds (a) that such deportation would result in serious economic detriment to a citizen or legally resident alien who is the spouse, parent, or minor child of such deportable…