SONG JOOK SUH v. ROSENBERG

No. 24270.

437 F.2d 1098 (1971)

SONG JOOK SUH, Appellant, v. George K. ROSENBERG, District Director, Immigration & Naturalization Service, Appellee.

United States Court of Appeals, Ninth Circuit.

February 11, 1971.


Attorney(s) appearing for the Case

Hiram W. Kwan, Los Angeles, Cal., for appellant.

Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief, Civ. Div., Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES and DUNIWAY, Circuit Judges, and CROCKER, District Judge.


BARNES, Circuit Judge:

This is an appeal of a summary judgment granted by the District Court in favor of appellee Rosenberg, thus affirming the finding of the Immigration and Naturalization Service that appellant did not qualify for a third preference classification as a professional.

At the outset, appellee raises objection to this Court's jurisdiction. Jurisdiction in the District Court was based on 28 U.S.C. § 2201 (Declaratory Judgment Act) and 5...

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