Linda Lee Amarante v. Rosenberg, District Director, Immigration and Naturalization Service

JAMESON, District Judge:

This is an action for declaratory judgment under the Declaratory Judgment Act, 28 U.S.C. § 2201, and for review under the Administrative Procedure Act, 5 U.S.C. § 1009.

Appellant is a native born citizen of the United States. Her husband, Daniel Fraga de Amarante, is an alien, a native and citizen of Portugal. He last entered the United States as a visitor on January 13, 1959. On September 3, 1959, he married a United States citizen, who is referred to as his "first wife”. On December 7, 1959, his first wife filed with the Immigration and Naturalization Service Form…