Brownell v. Gutnayer, 11733.
| Decision Date | 22 April 1954 |
| Docket Number | No. 11733.,11733. |
| Citation | 212 F.2d 462 |
| Parties | BROWNELL, Atty. Gen. v. GUTNAYER. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and William J. Peck, Asst. U. S. Atty., Washington, D. C., at time brief was filed, were on the brief, for appellant. Messrs. Charles M. Irelan, U. S. Atty., Washington, D. C., at time record was filed, and William R. Glendon, Asst. U. S. Atty., Washington, D. C., at time record was filed, entered appearances for appellant.
Mr. Jack Wasserman, with whom Mr. Irving Tranen, Washington, D. C., was on the brief, for appellee.
Before EDGERTON, PRETTYMAN, and WASHINGTON, Circuit Judges.
Section 4 of the Displaced Persons Act of 1948, 62 Stat. 1011, as amended, 64 Stat. 224, 66 Stat. 277, 50 U.S.C.A. Appendix, § 1953, provides that "a displaced person residing in the United States" may apply to the Attorney General for an adjustment of his immigration status, and that "if the Attorney General shall, upon consideration of all the facts and circumstances of the case, determine that such alien has been of good moral character for the preceding five years and that such alien is qualified under the provisions of this section, the Attorney General shall report to the Congress all of the pertinent facts in the case." The term "displaced person residing in the United States" is defined, in substance, as a person who establishes "that he lawfully entered the United States as a non-immigrant", that he is displaced because of events subsequent to the outbreak of World War II, and that he cannot return home because of racial, religious, or political persecution.
It appears without dispute that appellee was admitted to the United States on January 25, 1946 as an accredited official of a foreign government, and that the Attorney General has denied adjustment of his immigration status on the ground that he entered the United States unlawfully in that at the time of his entry he intended to remain here permanently. In this suit, appellee asks a declaratory judgment that he is eligible for relief under the Displaced Persons Act and that he cannot be denied adjustment of status on the ground that he entered the United States unlawfully. The Attorney General appeals from a judgment "that the matter shall be referred back to the Attorney General for a consideration of all...
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Elkins v. Moreno
...Matter of Barrios, 10 I. & N.Dec. 172 (BIA 1963); Brownell v. Carija, 102 U.S.App.D.C. 379, 254 F.2d 78 (1957); Brownell v. Gutnayer, 94 U.S.App.D.C. 90, 212 F.2d 462 (1954). 25 See, e. g., Matter of Marchena, 12 I. & N.Dec. 355 (Regional Comm'r 1967); Matter of F___, 8 I. & N. Dec. 65 (Ass......
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Hein v. Arkansas State University
...P.2d 40 (Utah 1982). Others involved deportation proceedings. Bong Youn Choy v. Barber, 279 F.2d 642 (9th Cir.1960); Brownell v. Gutnayer, 212 F.2d 462 (D.C.Cir. 1954); Brownell v. Stjepan Bozo Carija, 254 F.2d 78 (D.C.Cir.1957). Still others arose in the context of tax refund proceedings. ......
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Hou Ching Chow v. Attorney General, Civ. A. No. 2418-72.
...adjustment for failure to obtain a labor certificate.3 That is a question of law properly subject to review here. Brownell v. Gutnayer, 94 U.S.App.D.C. 90, 212 F.2d 462 (1954). Defendant contends that the repeal of regulations allowing the student exemption from labor certification is excep......
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Grace Line v. Panama Canal Company, Civ. 103-229.
...162, 71 S.Ct. 224, 95 L. Ed. 173; Gutnayer v. McGranery, D.C. D.C., 108 F.Supp. 290, modified and affirmed sub. nom. Brownell v. Gutnayer, 94 U.S.App.D.C. 90, 212 F.2d 462; or because of disregard of the statutory standards for the exercise of his discretion, United States ex rel. Accardi v......