Perez-Perez

This cause having come before the court for hearing on defendants’ motion, filed February 12, 1954, to dismiss the action; and the motion having been argued and submitted for decision; and it appearing to the court:

(1) that plaintiffs’ complaint for “Declaratory Relief” prays for a mandatory injunction directing the defendants to hear and grant plaintiffs’ application for suspension of deportation;

(2) that plaintiffs allege: “This action and proceeding is brought pursuant to [amendment] Article 14, Section 1 of the Constitution of the United States; Chapter 151 of Title 28 United States Code, Sections 2201 to 2202; the Immigration and Nationality Laws of 1952, Sections 212, and 241 to 244; Chapter 1, Title 8 of the Code of Federal Regulations, Section 8.1; and Title 5 of the United States Code, Section 1009”;

(3) that the Constitution of the United States merely gives this court the capacity to take jurisdiction; it does not confer any jurisdiction upon this court; District Courts are “courts of special jurisdiction, and therefore they cannot take jurisdiction of any case, civil or criminal, where they are not authorized to do so by an act of Congress”. The Assessors v.…