Wolf

Appellant’s complaint sought a declaratory judgment that she is a citizen of the United States. She also sought an order restraining her deportation to Canada, and applied for a writ of habeas corpus. She appeals from the district court’s judgment holding that she is not a citizen of the United States and setting aside a temporary restraining order and dismissing the application for the writ of habeas corpus.

Deportation proceedings were begun against this appellant in 1949. The Hearing Officer found that she was an alien who had been a member of the Communist Party of the United States and thus deportable pursuant to 8 U.S. C.A. § 137, as amended. 1 This decision was affirmed by the' Commissioner of Immigration and the Board of Immigration Appeals. A petition for habeas corpus was dismissed by the district *142 court and this dismissal was affirmed by this court (Wolf v. Boyd, 215 F.2d 377 , certiorari denied 348 U.S. 951 , 75 S.Ct. 438 , 99 L.Ed. 743 ). A petition for discretionary relief from deportation trav-elled the same route and this court finally affirmed its denial (Wolf v. Boyd, 238 F.2d 249 , certiorari denied 353 U.S. 936 , 77 S.Ct. 814 , 1 L.Ed.2d 759 ). The present…