McConney

Norman Rowe McConney brought this suit to obtain a declaration of his status as a citizen, set aside an order of deportation, and obtain related injunctive relief. 1 He later moved for leave to dismiss without prejudice his first claim in which a declaration of citizenship was sought. This motion was denied. After a stipulated submission for disposition by summary judgment on the administrative record, the entire action was dismissed with prejudice.

McConney appeals, questioning the fairness of his hearing before the Immigration and Naturalization Service, the sufficiency of the evidence to support the administrative finding that he was an alien, and the denial of his motion to dismiss his claim for a declaratory judgment.

McConney was born in Panama or the Panama Canal Zone in December of 1911. His natural mother was Eva Sarewez *474 or Suarez, also known as Eva De Silva. His natural father was Lionel Rowe. Appellant was raised as an infant by his aunt, Estelle McConney. She brought him with her to the United States in 1917 or 1918, where they joined her husband, his uncle, Clarence McConney, who is now in a mental hospital. Appellant was admitted to this country as an alien,…