Mesina

This is a proceeding for declaratory relief and injunction by the plaintiff under 28 U.S.C.A. § 2201 and 5 U.S.C.A. § 1009 .

The case was set for trial and was tried on January 6, 1959.

Plaintiff was born in the Philippine Islands in 1903; he first entered the United States in 1924; he was ordered deported, and was deported in April, 1936, on the ground that he had been managing a house of prostitution, and had been found to have received and derived benefits from the earnings of a prostitute.

On December 31, 1956, plaintiff entered the United States as a crewman, receiving a Crewman’s Landing Permit (State Dept. Symbol D-2), and was required to depart from the United States before the expiration of 29 days. 8 U.S.C.A. § 1282 (a) (2). At that time he was a non-immigrant alien under 8 U.S. C.A. § 1101(a) (15) (D). This permit appears to have been extended to February 27, 1957.

Plaintiff did not depart, and proceedings were commenced against him in the Immigration & Naturalization Department, which finally resulted in an Order as follows:

An appeal was taken and the Order was affirmed by the Board of Immigration Appeals on August 7, 1958. This suit followed.

Plaintiff’s…