Barton v. Sentner Sentner v. Barton, No. 11

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM; BURTON
Citation77 S.Ct. 1047,353 U.S. 963,1 L.Ed.2d 901
PartiesLewis D. BARTON, District Director, United States Immigration and Naturalization Service, District , appellant, v. Antonia SENTNER. Antonia SENTNER, appellant, v. Lewis D. BARTON, District Director, United States Immigration and Naturalization Service, District
Docket NumberNo. 11,No. 728,No. 784
Decision Date20 May 1957

353 U.S. 963
77 S.Ct. 1047
1 L.Ed.2d 901
Lewis D. BARTON, District Director, United States Immigration and Naturalization Service, District
No. 11, appellant,
v.
Antonia SENTNER.
No. 728.
Antonia SENTNER, appellant,
v.

Lewis D. BARTON, District Director, United States

Immigration and Naturalization Service, District No. 11.

No. 784.

Supreme Court of the United States

May 20, 1957

Solicitor General Rankin, Assistant Attorney General Olney, and Beatrice Rosenberg, for Barton.

Mr. Sydney L. Berger, for Sentner.

PER CURIAM.

The judgment is affirmed. See United States v. Witkovich, 353 U.S. 194, 77 S.Ct. 779.

They would note jurisdiction of this appeal and afford the Attorney General an apportunity to present the Government's side of this important internal security problem. United States v. Witkovich, supra, in which they dissented, limited § 242(d)(3) of the Immigration and Nationality Act of 1952, 66 Stat. 211, as amended, 8 U.S.C. (Supp. IV) § 1252(d)(3), 8 U.S.C.A. § 1252(d)(3), 'to authorizing all questions reasonably calculated to keep the Attorney General Advised regarding the continued availability for departure of aliens * * *.' It passed on clause (3) and no other. This appeal involves other clauses of § 242(d), namely, clauses (1) and (4), neither of which was passed on in Witkovich. The Court, by summary affirmance of this appeal, without argument, enlarges its holding in Witkovich and strikes down two more clauses of § 242(d). These two clauses are vital to the effectuation of the purpose of the Congress in controlling subversives whose ordered deportation has been forestalled by technical difficulties. For a more detailed discussion see their dissent in Witkovich.

Mr. Justice BURTON and Mr. Justice CLARK dissent.

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18 practice notes
  • Jordan v. Weaver, No. 72-1380
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 18, 1973
    ...United States, 400 U.S. 932, 935, 91 S.Ct. 235, 27 L.Ed.2d 240 (Justice White dissenting from the summary affirmance); Barton v. Sentner, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (Justices Burton and Clark dissenting from the summary affirmance). See Stern and Gressman, Supreme Court Prac......
  • National Center for Immigrants' Rights, Inc. v. I.N.S., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 7, 1990
    ...as are prescribed by the Attorney General in his case." 8 U.S.C. Sec. 1252(d). In Witkovich and its companion case, Barton v. Sentner, 353 U.S. 963, 77 S.Ct. Page 1372 1047, 1 L.Ed.2d 901 (1957), the Supreme Court limited the apparently broad discretion granted the Attorney General under 8 ......
  • Hurley v. Van Lare, No. 72 Civ. 3423.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 3, 1973
    ...Ry. Co. v. United States, 400 U.S. 932, 91 S. Ct. 235, 27 L.Ed.2d 240 (1970) (White, 365 F. Supp. 198 J., dissenting); Barton v. Sentner, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (1957) (Burton and Clark, JJ., dissenting); United States ex rel. Fein v. Deegan, 410 F.2d 13 (2nd Cir.), cert......
  • Silvey v. Roberts, No. 72-915-Civ-J.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • August 8, 1973
    ...United States, 400 U.S. 932, 935, 91 S.Ct. 235, 27 L.Ed.2d 240 (Justice White dissenting from the summary affirmance); Barton v. Sentner, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (Justices Burton and Clark dissenting from the summary affirmance). Stern and Gressman, Supreme Court Practice......
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18 cases
  • Jordan v. Weaver, No. 72-1380
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • January 18, 1973
    ...United States, 400 U.S. 932, 935, 91 S.Ct. 235, 27 L.Ed.2d 240 (Justice White dissenting from the summary affirmance); Barton v. Sentner, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (Justices Burton and Clark dissenting from the summary affirmance). See Stern and Gressman, Supreme Court Prac......
  • National Center for Immigrants' Rights, Inc. v. I.N.S., AFL-CI
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • September 7, 1990
    ...as are prescribed by the Attorney General in his case." 8 U.S.C. Sec. 1252(d). In Witkovich and its companion case, Barton v. Sentner, 353 U.S. 963, 77 S.Ct. Page 1372 1047, 1 L.Ed.2d 901 (1957), the Supreme Court limited the apparently broad discretion granted the Attorney General under 8 ......
  • Hurley v. Van Lare, No. 72 Civ. 3423.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • October 3, 1973
    ...Ry. Co. v. United States, 400 U.S. 932, 91 S. Ct. 235, 27 L.Ed.2d 240 (1970) (White, 365 F. Supp. 198 J., dissenting); Barton v. Sentner, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (1957) (Burton and Clark, JJ., dissenting); United States ex rel. Fein v. Deegan, 410 F.2d 13 (2nd Cir.), cert......
  • Silvey v. Roberts, No. 72-915-Civ-J.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • August 8, 1973
    ...United States, 400 U.S. 932, 935, 91 S.Ct. 235, 27 L.Ed.2d 240 (Justice White dissenting from the summary affirmance); Barton v. Sentner, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (Justices Burton and Clark dissenting from the summary affirmance). Stern and Gressman, Supreme Court Practice......
  • Request a trial to view additional results

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