Bruce G. Barber, District Director, San Francisco District, Immigration and Naturalization Service v. Lee Hong

On or about January 27, 1954, at San Francisco, California, John G. Clemson, an officer of the Immigration and Naturalization Service, issued a warrant for the arrest of appellee, Lee Hong, an alien. The warrant was, in part, as follows:

On April 14,1954, in the United States District Court for the Northern District of California, Southern Division, appellee brought a civil action against appellant, Bruce G. Barber, District Director of the Immigration and Naturalization Service at San Francisco. Alleging that the warrant was illegal and void, the complaint prayed that appellant, his servants, employees and agents and all other persons acting under appellant’s order, authority or direction be enjoined from proceeding against appellee under authority of the warrant. Appellant answered, a trial was had, evidence was heard, findings of fact and conclusions of law were stated, and a judgment was entered permanently enjoining appellant, his agents, servants and subordinates from proceeding with the deportation of ap-pellee on the charge that he entered the United States without inspection. This appeal is from the judgment.

As indicated above, the warrant was issued and sought to have…