Spector

Plaintiff, Frank Speetor, is a native of Odessa, Russia. He came to the United States of America in 1913. For the past thirty-eight years he has lived in the United States, most of the time in 'California. He married a fellow immigrant, and there is one child as issue of the marriage, a daughter, who herself is the wife of an American citizen.

In 1928 the Secretary of Labor initiated deportation proceedings which culminated on August 23, 1930 in the issuance of a warrant for deportation of Frank Speetor “to Russia, via Shanghai, China.” The de *440 portation order against plaintiff was not carried out.

In December, 1950, more than twenty years after plaintiff’s deportation was ordered and subsequent to the amendment of Section 23 of the Internal Security Act of 1950, 8 U.S.C.A. § 156 , commonly known as the McCarran Act, plaintiff was summoned before one of the government’s agents and ordered to comply with the requirements of the McCarran Act. When Frank Spector failed and refused to comply with the requirements of said Act, an indictment was filed in the United States District Court, Southern District of California, against him, alleging violations of the provisions of Section…