Song Jook Suh v. George K. Rosenberg, District Director, Immigration & Naturalization Service

This is an appeal of a summary judgment granted by the District Court in favor of appellee Rosenberg, thus affirming the finding of the Immigration and Naturalization Service that appellant did not qualify for a third preference classification as a professional.

At the outset, appellee raises objection to this Court’s jurisdiction. Jurisdiction in the District Court was based on 28 U.S.C. § 2201 (Declaratory Judgment Act) and 5 U.S.C. § 701 et seq. (Administrative Procedure Act). The summary judgment was entered September 16, 1968. On September 25, 1968, appellant moved pursuant to Rule 59 Fed.R. Civ.P. for a new trial. That motion was pending at the time the Notice of Appeal was filed, October 2, 1968. The motion for new trial was denied November 4, 1968. Appellee filed a Motion to Dismiss Appeal with this Court on August 11, 1969, on the ground that the Notice of Appeal was premature and therefore null. On August 26, 1969, this Court denied without prejudice the Motion to Dismiss. Appellee now renews that contention challenging the propriety of this Court’s jurisdiction.

This civil appeal is taken pursuant to 28 U.S.C. § 1291 . Rule 3 of the Federal Rules of Appellate…