Mcconney v. Rogers

287 F.2d 473 Norman Rowe McCONNEY, Appellant, v. William P. ROGERS, Attorney General of the United States, and John P. Boyd, District Director, Immigration and Naturalization Service, Appellees. No. 16906. United States Court of Appeals Ninth Circuit. March 10, 1961. Philip L Burton, john Caughlan, Seattle, Wash., for appellant. Charles P. Moriarty, U.S. Atty., James F. McAteer, Asst. U.S. Atty., Seattle, Wash., for appellees. Before HAMLEY, MERRILL and KOELSCH, Circuit Judges. HAMLEY, Circuit Judge. 1 Norman Rowe McConney brought this suit to obtain a declaration of his status as a citizen, set aside an order of deportation, and obtain related injunctive relief. 1 He later moved for leave to dismiss without prejudice his first claim in which a declaration of citizenship was sought. This motion was denied. After a stipulated submission for disposition by summary judgment on the administrative record, the entire action was dismissed with prejudice. 2 McConney appeals, questioning the fairness of his hearing before the Immigration and Naturalization Service, the sufficiency of the evidence to support the administrative finding that he was an alien, and the denial of his motion to…