No. 5862. Heard October 6, 1961. Decided November 3, 1961. Stewart J. Stowell, East Hartford, Conn., for appellant. James C. Heigham, Asst. U.S. Atty., Boston, Mass., with whom W. Arthur Garrity, Jr., U.S. Atty., Boston, Mass., was on brief, for appellees. Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges. HARTIGAN, Circuit Judge. This is an action under the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq., and the Declaratory Judgment Act, 28 U.S.C.A. § 2201 et seq.,
Civ. A. No. 61-172-C. May 31, 1961. James Sullivan, Boston, Mass., Stewart J. Stowell, East Hartford, Conn., for plaintiff. Elliot Richardson, U.S. Atty., James C. Heigham, Asst. U.S. Atty., Boston, Mass., for defendant. CAFFREY, District Judge. This is a petition for a declaratory judgment. Jurisdiction is based on 28 U.S.C.A. § 2201 and 5 U.S.C.A. § 1009. The declaratory relief sought by plaintiff is a ruling by this Court that he is entitled to an order setting aside a deportation order now outstanding