The judgment of the district court is vacated, without prejudice to either of the parties, and the matter is remanded. Padua shall be accorded an opportunity to apply to the Army Board for Correction of Military Records, under 10 U.S.C. § 1552, for amendment of *246 his military records to reflect his alleged service in the United States Army and then for issuance of the certificate required by § 329 of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1440, if he is entitled thereto. Pending a determination by the Army Board for Correction of Military Records, 1 Padua’s deportation is stayed, since it appears that he would otherwise suffer irreparable harm and that there is a likelihood he will prevail on the merits. Schwartz v. Covington, 341 F.2d 537 (9th Cir. 1965). The district court shall retain jurisdiction over the deportation proceedings. Vacated and remanded.