Barton v. Sentner Sentner v. Barton, 11

Citation77 S.Ct. 1047,353 U.S. 963,1 L.Ed.2d 901
Decision Date20 May 1957
Docket NumberNo. 11,No. 728,No. 784,11,728,784
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
CourtU.S. Supreme Court

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 cases
  • Silvey v. Roberts, 72-915-Civ-J.
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 8 Agosto 1973
    ...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 197 (4th ed. 1969) was also cited. 18 209 ......
  • Hurley v. Van Lare, 72 Civ. 3423.
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 3 Octubre 1973
    ...United States, 400 U.S. 932, 91 S. Ct. 235, 27 L.Ed.2d 240 (1970) (White, 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. denied, 395 U.S. 935, 89 S......
  • Parker v. Board of Education of Prince George's County, Md., Civ. No. 15402.
    • United States
    • United States District Courts. 4th Circuit. United States District Court (Maryland)
    • 11 Enero 1965
    ....... United States District Court D. Maryland. . January 11, 1965. 237 F. Supp. 223          Robert H. Reiter, ......
  • Brenner v. School District of Kansas City, Missouri
    • United States
    • United States District Courts. 8th Circuit. Western District of Missouri
    • 14 Agosto 1970
    ...on June 30, 1970. See 87 Cal.Rptr. 839, 471 P.2d 487). 25 This Court, consistent with Barton v. Senter, 353 U.S. 963, 77 S.Ct. 1047, 1 L.Ed.2d 901 (Burton, J., and Clark, J., dissenting) in regard to the effect of summary action on the merits, has in the past directed close attention to sum......
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