“ In his view the record fails to disclose a justiciable case or controversy because (1) the undisturbed administrative finding that petitioner 'does not meet the requirement that his deportation (would) result in exceptional and extremely unusual hardship to himself,' establishes that petitioner is not entitled to suspension of deportation under either subdivision (a) (1) or (a) (5) of § 244 of the Immigration and Nationality Act of 1952; and (2) the parties' stipulation in the District Court is ineffective to confer jurisdiction on this Court to decide the question sought to be presented. ”

“ Mr. Justice FRANKFURTER would join Mr. Justice HARLAN if he read the record to be as clear as the latter finds it to be. Being in sufficient doubt about the scope and meaning of the stipulation, he joins the Court's opinion. ”