Savala-Cisneros

Cisneros is discontented with the manner in which the Attorney General exercised the discretion lodged in him under the provisions of 8 U.S.C.A. § 155 (c), and has filed a petition for judicial review pursuant to Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009 .

Respondent has moved to dismiss the petition for failure to join an indispensable party, viz., the Attorney General of the United States.

The facts are similar to those in the case of Chavez v. McGranery, 1952, 108 F.Supp. 255 , decided by this court.

It is an undisputed fact that Cisneros is a citizen of Mexico illegally present in this country and is deportable. As a deportable alien he sought the exercise of the discretion vested in the Attorney General to grant the privilege of voluntary departure or suspension of deportation. The Attorney General, in the exercise of his discretion, granted the privilege of voluntary departure, but did not grant suspension of deportation.

With respect to Cisneros’ dissatisfaction with the result of the discretion exercised by the Attorney General, the court, assuming it had jurisdiction over the person of the Attorney General, could not afford relief as Congress…