Spinella v. Esperdy

LEVET, District Judge.

The defendant has moved for summary judgment.

In his complaint, the plaintiff states:

“First: That this is an action for a Declaratory Judgment under the Declaratory Judgment Act (28 U. S.C. § 2201), for review under the Administrative Procedure Act (5. U.S.C. § 1009)-and for a permanent, injunction. It arises under the Immigration and Nationality Act of' 1952, particularly Section 249 (8 U. S.C. § 1259) and under the Constitution of the United States, particularly Article I, Section 9, Clause 2; Article III, Section 2; and the Fourth, Fifth and Eighth Amendments thereto.…