Washib Ullah v. Richard C. Hoy, Acting District Director, Immigration and Naturalization Service, Los Angeles, California

This is an appeal from a judgment of the district court denying relief sought by appellant in a declaratory action instituted by him seeking to review an order of deportation outstanding against him.

The district court had jurisdiction of the action under the provisions of Sec. 10 of the Act of June 11, 1946 (Administrative Procedure Act), 60 Stat. 243 , Title 5 U.S.C.A. § 1009 . This court has jurisdiction under the provisions of Title 28 U.S.C.A. §§ 1291 and 1294.

The complaint, in substance, alleged that on or about September, 1957, there was served upon plaintiff an order of deportation directing that he be deported from the United States and that plaintiff has applied to the defendant for the privilege of voluntary departure, in lieu of deportation and that such application has been denied. In the prayer of the complaint plaintiff prayed that the court review the records of his deportation proceedings and enter judgment that plaintiff is not deportable, or in the alternative that the defendant be directed to re-open the deportation hearing to permit filing of another application for voluntary departure, on the ground, among other things, that plaintiff is not statutorily…