Ganduxe Y Marino v. Murff

DIMOCK, District Judge.

This is an action for declaratory judgment pursuant to section 10 of the Administrative Procedure Act, 5 U.S.C. § 1009, upon the conclusion of administrative proceedings, seeking judicial review of the order that plaintiff be deported under section 241(a) (1) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a) (1).

Plaintiff moves for an injunction pendente lite restraining defendant from executing the order of deportation. Defendant cross-moves under Rule 56, F.R.Civ.P., for summary judgment dismissing the complaint.

Plaintiff is a thirty-year-old alien, a native…