Rodriguez

On May 5, 1952, in the United States District Court for the Southern District of California, appellant, Pedro Rangel Rodriguez, a Mexican alien, brought an action against the Attorney General of the United States and appellee, Herman R. Landon, a district director of Immigration and Naturalization. On October 7, 1952, appellee filed an answer alleging, as one of several defenses, that the complaint failed to state a claim upon which relief could be granted. Treating the answer as a motion to dismiss, the District Court granted the motion and on March 23, 1953, entered a judgment dismissing the action. This appeal is from that judgment.

It appeared from the complaint that on June 4, 1951, the Commissioner of Immigration and Naturalization, acting by and through an assistant commissioner, made an order holding appellant to be a deportable alien, denying an application of appellant for suspension of deportation and requiring appellant “to depart from the United States without expense to the Government, to any country of his choice;” and that the order of June 4, 1951, was affirmed by the Board of Immigration Appeals on July 20, 1951. The complaint sought judicial review of the order…