Coelho v. Perlman

GALSTON, District Judge.

This is a motion by the United States for an order dismissing the complaint on the ground that this court has no jurisdiction over the person of Philip B. Perlman, Acting Attorney General, named in the complaint as a defendant.

The action is for a declaratory judgment, pursuant to Section 2201 of Title 28, U.S.C.A. The complaint alleges, in paragraph 13, that the plaintiff applied for the privilege of suspension of deportation pursuant to Section 19(c) of the Immigration Act of 1917, as amended. 8 U.S.C.A. § 155(c).1 Paragraph 14 then alleges that the Commissioner of…