Bogart v. Carter, 25140.
| Decision Date | 03 August 1971 |
| Docket Number | No. 25140.,25140. |
| Citation | 445 F.2d 321 |
| Parties | Peter D. BOGART, Plaintiff and Appellant, v. Harlon B. CARTER, as Regional Commissioner of the Immigration & Naturalization Service, etc., et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Phill Silver, Hollywood, Cal., for plaintiff-appellant.
Robert L. Meyer, U. S. Atty., Frederick M. Brosio, Jr., Chief, Crim. Div., Carolyn M. Reynolds, Asst. U. S. Atty., Los Angeles, Cal., for appellees.
Before CHAMBERS and HUFSTEDLER, Circuit Judges, and BEEKS, District Judge.
The summary judgment rendered against plaintiff-appellant is reversed. We think this is indicated by In re Ruffalo (1968), 390 U.S. 544, 88 S.Ct. 1222, 20 L.Ed.2d 117, and Theard v. United States (1957), 354 U.S. 278, 77 S.Ct. 1274, 1 L.Ed.2d 1342. We believe Bogart has a constitutional right to a hearing before the agency before being denied the right to further practice before the agency, department regulations to the contrary notwithstanding.
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Matter of Bogart, Interim Decision Number 2465
...the authority to enter such an order or that the order is no longer in effect. While the decision of the Ninth Circuit in Bogart v. Carter, 445 F.2d 321 (C.A. 9, 1971), required the granting of a hearing to the respondent, nothing in that decision required the scope of the hearing to go bey......
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Matter of Solomon, Interim Decision #2624
...with public trust. In re Echeles, 430 F.2d 347, 7 Cir.1970. While the respondent is entitled to procedural due process (Bogart v. Carter, 445 F.2d 321, 9 Cir.1971; In re Bogart, Interim Decision 2465, A.G.1976), and may even plead the Fifth Amendment (Spevak v. Klein, 385 U.S. 511, 1967), I......