Friedrich Karl Berghoefer v. C. W. Johnson, District Director, U.S. Dept. Of Justice, Bureau of Immigration and Naturalization, New Orleans, La.

The judgment of the trial court dismissing appellant’s suit for declaratory judgment is affirmed. United States ex rel. Steffner v. Carmichael, 5 Cir., 183 F. 2d 19; United States ex rel. Koehler v. Corsi, 2 Cir., 60 F.2d 123.

Appellant attacks an order of deportation by asserting that the District Director should have reopened an earlier-' deportation proceeding and should have-granted him leave to apply for voluntary-departure nunc pro tunc. He relies on the regulation published at 8 C.F.R.. 103.5, which provides:

“A proceeding provided for in this chapter may be reopened or the-decision made…