Song Jook Suh v. George K. Rosenberg, District Director, Immigration & Naturalization Service

BARNES, Circuit Judge:

This is an appeal of a summary judgment granted by the District Court in favor of appellee Rosenberg, thus affirming the finding of the Immigration and Naturalization Service that appellant did not qualify for a third preference classification as a professional.

At the outset, appellee raises objection to this Court’s jurisdiction. Jurisdiction in the District Court was based on 28 U.S.C. § 2201 (Declaratory Judgment Act) and 5 U.S.C. § 701 et seq. (Administrative Procedure Act). The summary judgment was entered September 16, 1968. On September 25, 1968, appellant moved…