Scalzo v. Hurney

BODY, District Judge.

This case comes before the Court on cross-motions for summary judgment. Plaintiff, Candida Scalzo, alleges that we have jurisdiction under Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009, and asks this Court to declare that an order of deportation entered against her is invalid and to permanently enjoin execution thereof. In addition, plaintiff seeks declaratory and injunctive relief with regard to her application for status as a permanent resident.

Mrs. Scalzo, who is an Italian national, entered the United States at Buffalo, New York, from Canada on…