Bannout v. Brownell

HOLTZOFF, District Judge.

This is an action for a declaratory judgment to establish the plaintiff’s eligibility for naturalization as a citizen of the United States.

There is a preliminary question in this case, namely, whether this action may be maintained. The Government contends, on the authority of Heikkila v. Barber, 345 U.S. 229, 73 S.Ct. 603, 97 L.Ed. 972, that since the deportation of the plaintiff has been ordered his only remedy is by writ of habeas corpus after he has been arrested for deportation and that he may not maintain an action for a declaratory judgment. The Heikkila case…