Jose Siaba-Fernandez v. George K. Rosenberg, District Director of Immigration and Naturalization

Plaintiff filed this action in the district court praying that “the matter be remanded to the Immigration and Naturalization Service for further hearing on plaintiff’s rights to further discretionary relief based upon his family ties in the United States,” and that a “declaratory judgment be made herein declaring the outstanding order and warrant for his deportation null, void and unenforceable.” By order dated November 7, 1961 the district court transferred the action to this court pursuant to Section 5(b) of Public Law 87-301 ( 75 Stat. 653 ), 8 U.S.C.A. § 1105a note.

Plaintiff is an alien, a native and citizen of Spain. He was admitted to the United States on or about April, 1955 as a nonimmigrant crewman, and was authorized to remain in the United States as a nonimmigrant for a period not to exceed twenty-nine days.

On November 3, 1960 (more than four years after his authorized stay had expired) an order to show cause and notice of hearing was issued by the Immigration and Naturalization Service, Los Angeles, California (hereinafter referred to as defendant), charging that the plaintiff was subject to deportation pursuant to:

On November 10,1960, pursuant to the above…