Jeager

This is an appeal from a judgment in a declaratory judgment case in which the district court held that the Commissioner of Immigration had no power to entertain a proceeding to cancel a record of registry and a certificate of lawful entry by an alien into the United States, and enjoined the appellant from conducting a proceeding for that purpose. The court denied a motion to dismiss the complaint and, since the appellant announced he would stand on his motion and not proceed further, it entered the judgment.

Appellee is an alien who entered the United States prior to July 1, 1924. No record of his arrival was made at the time of entry. In such instances Section 328 of the Nationality Act of 1940 authorizes the Commissioner to register the arrival and issue a certificate of lawful entry to an alien who satisfies the Commissioner that he entered the United States prior to July 1, 1924; is of good moral character, etc. Under the above section of the Act, appellee’s arrival was registered and he was issued a certificate of lawful entry.

Claiming the above records were procured by falsification, the Commissioner directed the Officer in Charge of the Immigration and Naturalization…