Haymes

The matter for decision is a Motion for Dismissal of a Petition for Injunction, Declaratory Relief and Judicial Review and a supplemental motion which includes a prayer for determination by a three-judge court that Sections 241 (a) (1) and 212(a) (22) of the Immigration and Nationality Act of 1952, 8 U.S.C.A. §§ 1251 (a) (1), 1182(a) (22), are unconstitutional and void and that as applied to petitioner, Section 212(d) (7) is unconstitutional. Petitioner prays for an injunction restraining the District Director of Immigration from proceeding with a hearing on a warrant of arrest in deportation concerning petitioner.

In the consideration of the case it must be kept in mind that although *508 the warrant asserts that the alien is’ to show cause why he should not be deported by authority of the above mentioned Statutes, the ultimate ground of decision by the Immigration and Naturalization Service might rest upon some other ground as the Warrant is merely the opening of an investigative procedure which may, under appropriate amendment, embrace consideration of grounds for deportability resting on other statutes than those first cited. 8 Code of Federal Regulations, § 242.53 (d);…