Mrvica v. Esperdy

METZNER, District Judge.

This action for a declaratory judgment came on to be heard on cross-mo*215tions for summary judgment. The action seeks a review of the Attorney General’s denial of plaintiff’s application to have created a record of lawful admission to this country for permanent residence under section 249 of the Immigration and Nationality Act (8 U.S.C.A. § 1259). Plaintiff claims that the refusal to grant his application was erroneous as a matter of law.

The action taken was predicated solely on the ground that plaintiff did not meet the requirement of continuous residence in the United…