Suarez-Seja

Suarez-Seja alleges that he is an alien .admitted to the United States for permanent residence in 1910; that an order for his deportation was issued by La.n-don on or about December 16, 1953; that the order resulted from a hearing conducted pursuant to Section 242(b) of the Immigration and Nationality Act of 1952 in which the immigration authorities determined that he was an alien who, after entry into the United States, was a member of the Communist Party; that the procedure of Section 242(b) does not conform with the requirements of due process and therefore an order based on such hearing is invalid.

If, as a matter of law, a deportation hearing conducted pursuant to Section 242(b) of the 1952 Act conforms with the requirements of due process, and if, as a matter of law, an alien may be deported on the ground that after entry he was a member of the Communist Party of the United States, then the plaintiff has failed to state a claim upon which relief can be granted.

In Wong Yang Sung v. McGrath, 1950, 339 U.S. 33 , 70 S.Ct. 445 , 94 L.Ed. 616 , it was held that deportation proceedings must conform with the requirements of the Administrative Procedure Act if resulting orders…