Aguilera-Flores

Flores seeks judicial review of an outstanding deportation order. He alleges, that he now is and for more than thirty-four years last past has been a lawful resident of the United States, having been legally admitted for permanent, residence in 1918; that on or about the-17th day of June, 1953, the defendant. *57 Issued an order of deportation directing that he (Flores) be deported from the United States to Mexico on the ground that he became a member of the Communist Party after entry into the United States; that upon appeal to the Board of Immigration Appeals, the Board dismissed the appeal and he has ■exhausted his administrative remedies. He further alleges that he has never Been and is not now a member of the ■Communist Party; that no evidence of ¡such membership was produced at the •administrative hearings; that he is ■about to be taken into custody and deported by the defendant; that the deportation order is not supported by substantial evidence and is invalid because of lack of due process in the administrative proceedings.

The defendant moved to dismiss on the grounds (1) lack of jurisdiction ■over, the subject matter; (2) failure to state a claim upon which relief can…