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CEBALLOS v. SHAUGHNESSY

No. 130, Docket 23721.

229 F.2d 592 (1956)

Luis Alvaro CEBALLOS (y Arboleda), Plaintiff-Appellant, v. Edward J. SHAUGHNESSY, District Director of Immigration and Naturalization at the Port of New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 6, 1956.

Attorney(s) appearing for the Case

Blanch Freedman and Gloria Agrin, New York City, for plaintiff-appellant.

Paul W. Williams, New York City (Harold J. Raby and Maurice N. Nessen, New York City, of counsel), for defendant-appellee.

Before MEDINA, HINCKS and WATERMAN, Circuit Judges.

MEDINA, Circuit Judge.

Plaintiff, an alien, seeks inter alia a declaratory judgment that he is not ineligible for naturalization under 8 U.S. C.A. § 155(c)1 and, in effect, a stay of deportation until the Attorney General exercises his discretion with respect to plaintiff's application for suspension of deportation. The complaint, brought against the District Director of Immigration, was dismissed below on the procedural ground...

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