Torres

Torres’ petition has k .two-fold purpose. He seeks a review under the Administrative Procedure Act, 5 U.S.C.A. § 1009 of the determination of the Commissioner of Immigration that he is a deportable alien illegally present in this country. He also seeks a decree requiring the Attorney General to act on his application for suspension of deportation pursuant to 8 U.S.C.A. § 155 (c).

Attorney General McGranery and H.' R. Landon, District' Director of Immigration at Los Angeles, have been named as respondents, but the Attorney General has not been served with process nor may he be served in this district, since his residence is in the District of Columbia. *242 Connor v. Miller, 2 Cir., 1949, 178 F.2d 755 . The Attorney General has not filed an answer nor waived the jurisdictional requirements. Lahdon filed an ánswer denying that Torres is a legal resident of this country and asserting the defense that the Attorney General is an indispensable party.

Is Petitioner a Deporta-ble Alien?

The Attorney General is not an indispensable party to a review of the agency action in which the petitioner was declared to be a deportable alien. If -the court decides that question in favor of the…