Martinez v. Mathews

564 F.2d 287 Macario MARTINEZ, Individually and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. F. David MATHEWS, as Secretary of Health, Education and Welfare, Defendant-Appellee. No. 76-3265. United States Court of Appeals, Ninth Circuit. Nov. 7, 1977. Robert B. Gillan, Los Angeles, Cal., for plaintiff-appellant. Robert L. Brosio, U.S. Atty., Los Angeles, Cal., for defendant-appellee. Appeal from the United States District Court for the Central District of California. Before TRASK, WALLACE and ANDERSON, Circuit Judges. PER CURIAM: 1 Appellant, Macario Martinez, a native and citizen of Mexico, illegally entered the United States in 1934 and resided here continually from 1934 to 1960. During this period he was employed, and contributions were made on his behalf to the Social Security System. In 1960 he was convicted for working without a passport and was subsequently deported. He was lawfully readmitted to the United States in 1973. He was denied retirement insurance benefits under Title II of the Social Security Act for the period during which he was in Mexico under deportation. He was, however, granted retroactive benefits for the period immediately…