Bean

Plaintiff, who was born a United States citizen at Oroville, California, July 31, 1929, the son of United States citizen parents, has commenced an action against the District Director of the United States Immigration and Naturalization Service seeking to enjoin him from excluding plaintiff from the United States. Defendant, relying on Section 212(a) (20) of the Immigration and Nationality Act ( 8 U.S.C.A. § 1182 (a) (20)), answers the complaint by asserting that the special inquiry officer and the Board of Immigration Appeals properly denied plaintiff entry as a citizen of the United States in view of his refusal to answer relevant questions put to him by the officer of the Immigration Service.

The background and facts of this litigation are not in dispute. On April 28, 1953, plaintiff was brought to the United States-Mexican International Boundary at Brownsville, Texas, against his will. He was expelled from Mexico and turned over to waiting United States law enforcement officers .who took him as a parolee of the Federal Bureau of Investigation. -The purpose of such parole was to permit the United States to prosecute plaintiff for draft evasion.

Following a plea of guilty,…