Sit Jay Sing v. Nice

287 F.2d 561 SIT JAY SING, Appellant, v. H. D. NICE, District Director of Immigration and Naturalization Service, and Paul Posz, Regional Commissioner, Immigration and Naturalization Service, Southwest Region, Appellees. No. 16948. United States Court of Appeals Ninth Circuit. March 7, 1961. Fallon, Hargreaves & Bixby, Robert S. Bixby, San Francisco, Cal., for appellant. Laurence E. Dayton, U.S. Atty., and Charles Elmore Collett, Asst. U.S. Atty., San Francisco, Cal., for appellee. Before POPE, HAMLEY and HAMLIN, Circuit Judges. PER CURIAM. 1 Sit Jay Sing applied to the Immigration and Naturalization Service under section 249 of the Immigration and Nationality Act of June 27, 1952, 8 U.S.C.A. 1259, for adjustment of his status to that of a permanent resident alien. The application was denied on the ground that the applicant had failed to establish eligibility under paragraph (b) of section 249. The applicant then commenced this suit for a declaratory judgment as means of reviewing the administrative order. A declaratory judgment was entered dismissing the action. Sit Jay Sing v. Nice, D.C., 182 F.Supp. 292 . Sit Jay Sing appeals. 2 It is provided in section 249 that one…