Antonio Rodriguez Silva v. Harlan B. Carter, as Regional Commissioner, Immigration and Naturalizationservice, Southwest Region, San Pedro, California

Antonio Rodriguez Silva brought this-action to set aside an order of the Immigration and Naturalization Service-(Service), denying Silva’s application for adjustment of status to that of a lawful' permanent resident. Plaintiff also sought a judicial declaration that he has established his eligibility for, and should be-granted, such status. Harlan B. Carter,, as Regional Commissioner for the Service at San Pedro, California, was named defendant. District court jurisdiction was. asserted under section 10 of the Adminis trative Procedure Act, 2*****and the Declaratory Judgment Act, 28 U.S.C. § 2201 (1958).

Judgment was entered for defendant and Silva appeals. He contends that administrative officials erred in invoking discretionary powers without first determining his statutory eligibilty for the relief requested; erroneous factual determinations were made amounting to “arbitrariness”; the Regional Commissioner was arbitrary and capricious in considering matters outside the record when invoking his discretionary powers; a fair hearing before the district director was not accorded; and the decision of the agency should be set aside so that new procedures, which became effective on…