No. 16107. April 3, 1959. Laughlin E. Waters, U.S. Atty., Henry P. Johnson, Richard A. Lavine, Asst. U.S. Attys., Los Angeles, Cal., for appellant. Harlin M. Fuller, Los Angeles, Cal., for appellee. Before FEE, BARNES and HAMLIN, Circuit Judges. JAMES ALGER FEE, Circuit Judge. Mendoza-Rivera brought a declaratory judgment proceeding seeking in the ultimate a pronouncement that he is not deportable by appellant as an officer of the Immigration and Naturalization Service. He is not in custody. The