Ernestine Greene v. Immigration and Naturalization Service, Los Angeles, California

On March 21, 1961, petitioner Ernestine Greene filed a complaint in the United States District Court for the Southern District of California for a judgment declaring that petitioner was not deportable from the United States. The complaint was originally filed pursuant to Section 10 of the Federal Administrative Procedure Act, 5 U.S.C. § 1009 , which provided for review of deportation orders by an action for declaratory relief under the Declaratory Judgment Act, 28 U.S.C. § 2201 . After respondent George K. Rosenberg, as District Director, Immigration and Naturalization Service, Los Angeles, California, had filed an answer, and while the cause was awaiting pre-trial, Public Law 87-301 (approved Sept. 26, 1961 and effective October 26, 1961) became effective ( 75 Stat. 651 ). Section 5(a) of that law, now 8 U.S.C. § 1105a, provided that judicial review of deportation orders was thenceforth to be by petition to the courts of appeals. As required by Section 5(b) Public Law 87-301 (quoted in 8 U.S.C.A., 1961 Ann.Cum.Pocket Parts, in Note to § 1105) this pending case was transferred from the district court to this court.

Petitioner, a native and citizen of Austria, was lawfully…