which prevailed under the old law. Shomberg v. United States, supra, 348 U.S. at page 544, 75 S. Ct. at page 511. In view of that policy, which accorded priority to the deportation proceedings, it is unlikely that Congress intended to discriminate in § 318 against the class of aliens as to which warrants of arrest issue and in favor of those who, like petitioner, have received a benefit permitted by § 242(a).
The petitioner has suggested that the court grant a hearing on the petition for naturalization and in the course of that hearing review the deportation proceedings leading to the final finding of deportability which, he contends is a nullity. At this time we do not consider his reasons for asserting that the finding of deportability is invalid. It is clear that the Immigration and Nationality Act of 1952 enables an alien for the first time to obtain judicial review of deportation proceedings in accordance with the provisions of section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009, Shaughnessy v. Pedreiro, 1955, 349 U.S. 48, 75 S. Ct. 591, 99 L. Ed. 868.
The pertinent provision of the latter Act states:
'(b) The form of proceeding for judicial review shall be any special statutory review proceeding relevant to the subject matter in any court specified by statute, or, in the absence or inadequacy thereof, any applicable form of legal action (including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus) in any court of competent jurisdiction. Agency action shall be subject to judicial review in civil or criminal proceedings for judicial enforcement except to the extent that prior, adequate, and exclusive opportunity for such review is provided by law.'
Habeas corpus procedures were formerly the sole means by which aliens could attack deportation orders. Heikkila v. Barber, 1953, 345 U.S. 229, 73 S. Ct. 603, 97 L. Ed. 972. Now petitioner has other remedies. But, we can not view the naturalization proceeding as a proceeding 'for judicial enforcement' of the final finding of deportability, even though § 318, when invoked, provides indirect enforcement by withdrawing the judicial power to naturalize, and we are not persuaded by other arguments that the naturalization proceeding is an 'applicable form of legal action' within the meaning of the foregoing section.
Nothing has been found in the legislative history of the 1952 statute to indicate that Congress there intended to do away with the long established separation of the naturalization and deportation processes. And we can find no support in the Act itself for the petitioner's contention. Even if it is assumed that the validity of a final finding of deportability is one of the matters 'touching or in any way affecting the petitioner's right to admission to citizenship' as to which there may be contested proceedings between the Attorney General and the alien, 8 U.S.C.A. § 1447(d), nevertheless, in the pending naturalization proceeding, we do not have jurisdiction over the Attorney General. Other persons situated like the petitioner have pursued their remedy under the Administrative Procedure Act by filing complaints for review and actions for declaratory judgment or injunctive relief. See Resurreccion-Talavera v. Barber, 9 Cir., 1956, 231 F.2d 524; Muscardin v. Brownell, 1955, 97 U.S.App.D.C. 16, 227 F.2d 31; Shintaro Miyagi v. Brownell, 1955, 97 U.S.App.D.C. 18, 227 F.2d 33; Fong Sen v. United States Immigration and Naturalization Service, D.C.La.1956, 137 F.Supp. 236; Cf. Di Battista v. Swing, D.C.Md.1955, 135 F.Supp. 938. The District Director of Immigration and Naturalization would be a proper party in such proceedings. Shaughnessy v. Pedreiro, supra.
Petitioner has a choice as to the form of action he will pursue in order to obtain review of the determination that he is deportable, but the choice does not include the naturalization proceeding. The petition for a hearing on the petition for naturalization will be refused but the court will direct that deportation proceedings remain in abeyance in order to permit petitioner to seek review in an appropriate manner.