Citations
- 285 F.2d 762
Full opinion text
PER CURIAM.
The judgment of the trial court dismissing appellant’s suit for declaratory judgment is affirmed. United States ex rel. Steffner v. Carmichael, 5 Cir., 183 F. 2d 19; United States ex rel. Koehler v. Corsi, 2 Cir., 60 F.2d 123.
Appellant attacks an order of deportation by asserting that the District Director should have reopened an earlier-' deportation proceeding and should have-granted him leave to apply for voluntary-departure nunc pro tunc. He relies on the regulation published at 8 C.F.R.. 103.5, which provides:
“A proceeding provided for in this chapter may be reopened or the-decision made therein reconsidered for proper cause upon motion made by the party affected and granted by the officer who has jurisdiction over the proceeding or who made the decision * * * ”
There is nothing in this regulation-to authorize the special inquiry officer in this current deportation proceeding to reopen the earlier completed deportation proceeding, which was not appealed from. The judgment is affirmed.