Chen Sun v. Brownell

BYERS, District Judge.

There are two motions here involved:(a) Plaintiff seeks an order to restrain Shaughnessy, District Director of Immigration, from serving a warrant of arrest upon the plaintiff and from questioning him in a deportation proceeding, pending the decision of this case, in which a declaratory judgment is sought.(b) Defendants seek summary judgment under Rule 12(b) (6) of the F.R. •C.P., 28 U.S.C.A.

The defendants’ motion will be granted, and the plaintiff’s denied.

The reason for this disposition is that it appears from the complaint and the affidavits pro and eon, that the…