Barreiro

Barreiro v. McGrath

Good Law
108 F. Supp. 685·1952 U.S. Dist. LEXIS 2345
United States District Court, Northern District of CaliforniaDecember 4, 1952No. 30916California2,048 words

Opinion

lead Opinion

Roche, J.

Plaintiff .filed on September 28, 1952, a complaint for Declaratory Judgment requesting that he be adjudged eligible for suspension of deportation, pursuant to the provisions of Title 8 United States Code Annotated, § 155, and that he be found eligible for United States Citizenship.

The record discloses the following pertinent facts: Plaintiff was born in Portugal on or about June 15, 1911, and is a citizen of that country. He stowed away aboard the Steamship “Anaconda” in the year 1930 and subsequently illegally entered the United States at Jersey City, New Jersey, on or about April 22, 1930.

At the time of entry plaintiff intended to seek work in the United States and to remain permanently. He has remained in this country since his illegal entry. On October 16, 1940, plaintiff registered with the Selective Service in Alameda County, California. Prior to this time the plaintiff made no effort to clarify his status in thi's country, nor does it appear that he would have ever made any ■ attempt except for the fact that the Selective Service Act, 50 U.S.C.A.Appendix, § 301 et seq., required every person of age to have a draft card in his possession. On May 9, 1941, he classified…

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