In re Yaris
| Decision Date | 26 December 1952 |
| Citation | 109 F. Supp. 921 |
| Parties | In re YARIS. |
| Court | U.S. District Court — Southern District of New York |
Myles J. Lane, U. S. Atty., William J. S. Exton, Asst. U. S. Atty., and Lester Friedman, Atty., Immigration and Naturalization Service, New York City, of counsel, for petitioners.
Milton H. Friedman, New York City, Milton H. Friedman, Blanch Freedman and Robert Silk, New York City, of counsel, for respondent and others.
This motion presents the question whether the District Director of Immigration and Naturalization has the power to issue subpoena in deportation cases.
I have considered the contentions of the movants that Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616 controls this case. But, in my view, the Sung decision does not include within its reach the subpoena power. To hold otherwise would mean that there would be no effective means of compelling the attendance and testimony of witnesses in deportation proceedings. Loufakis v. United States, 3 Cir., 81 F.2d 966. The other contentions of movants are without merit.
The motion is denied.
Settle order on notice.
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Application of Barnes
...Cir., 81 F.2d 966; Graham v. U. S., 9 Cir., 99 F.2d 746, reversing on other grounds U. S. v. Parsons, D.C., 22 F. Supp. 149; In re Yaris, D.C., 109 F. Supp. 921, 922. Now the government says in its brief that this change and the addition in terminology in section 235 (a) are most significan......
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In re Oddo
...the other objections urged by the respondent. Settle order on notice. 1 Cf. Loufakis v. United States, 3 Cir., 81 F.2d 966; In re Yaris, D.C.S.D.N.Y., 109 F.Supp. 921. 2 8 U.S.C.A. § 1451. 3 § 101(a) (18), 8 U.S.C.A. § 1101(a) (18). 4 Platt v. Union Pacific R. Co., 99 U.S. 48, 49, 25 L.Ed. ......
- In re Turner