Herbert Brownell, Jr., Attorney General of the United States v. Einar Rasmussen

This is an action for a declaratory judgment, seeking review of an order of deportation. The Government appeals from a judgment for the plaintiff, who is an alien not claiming American citizenship. The deportation order in this case was made under the provisions of the Immigration Act of 1917, 39 Stat. 874, and neither party suggests that the 1952 Act, 66 Stat. 163, has any application.

The District Court is without jurisdiction to review the order com plained of other than in a habeas corpus proceeding. Heikkila v. Barber, 1953, 345 U.S. 229, 235, 73 S.Ct. 603, 97 L.Ed. 972. This court’s…