Luis Alvaro Ceballos (Y Arboleda) v. Edward J. Shaughnessy, District Director of Immigration and Naturalization at the Port of New York

MEDINA, Circuit Judge.

Plaintiff, an alien, seeks inter alia a declaratory judgment that he is not ineligible for naturalization under 8 U.S. C.A. § 155(c) 1 and, in effect, a stay of deportation until the Attorney General exercises his discretion with respect to plaintiff’s application for suspension of deportation. The complaint, brought against the District Director of Immigration, was dismissed below on the procedural ground that the Attorney General or the Commissioner of Immigration and Naturalization was an indispensable party.

Judge Kaufman followed and elaborated upon the distinction…