Milutin v. Bouchard
| Decision Date | 18 June 1962 |
| Docket Number | No. 782,782 |
| Citation | Milutin v. Bouchard, 370 U.S. 292, 82 S.Ct. 1562, 8 L.Ed.2d 501 (1962) |
| Parties | Joso MILUTIN v. E. P. BOUCHARD, District Director, Immigration and Naturalization Service |
| Court | U.S. Supreme Court |
Alfred W. Charles, for petitioner.
Solicitor General Cox, for respondent.
On Petition for Writ of Certiorari to the United States Court of Appeals for the Third Circuit.
The petition for writ of certiorari is granted.The judgment of the United States Court of Appeals for the Third Circuit is vacated and the case is remanded to the United States District Court for the District of New Jersey with instructions to remand it to the Immigration and Naturalization Service with directions to reopen the proceeding and to afford petitioner an opportunity to seek relief under § 243(h) of the Immigration and Nationality Act of 1952,8 U.S.C.A. § 1253(h), pursuant to the procedures established by the...
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2 cases
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Sovich v. Esperdy
...has a right to have his application considered, Blazina v. Bouchard, supra, and this consideration must be given in conformity with the pertinent regulations promulgated by the Attorney General himself.
Milutin v. Bouchard, 370 U.S. 292, 82 S.Ct. 156, 8 L.Ed.2d 501 (1962). The denial of his application must not have been "actuated by considerations that Congress could not have intended to make relevant." Cf. United States ex rel. Kaloudis v. Shaughnessy, 180 F.2d 489,upon confidential information may be sharply limited by the requirement of a prior determination that disclosure of such information would be prejudicial to the interests of the United States, 8 C.F.R. 242.17(c); Milutin v. Bouchard, 370 U.S. 292, 82 S.Ct. 156, 8 L.Ed.2d 501 (1962). Moreover, we are unwilling to accept a necessary premise of the argument advanced: that having received our authoritative construction of the statutory standard to be employed under § 243 (h), the Attorneyhave the benefit of Judge Waterman's elaboration of the governing standards, and also to accord to Sovich the advantage of the new procedures established by regulations in force subsequent to the date of his hearing (see Milutin v. Bouchard, 1962, 370 U.S. 292, 82 S.Ct. 156, 8 L. Ed.2d 501, vacating and remanding, 3 Cir., 1962, 299 F.2d 50; Zupicich v. Esperdy, S.D.N.Y., 1962, 207 F.Supp. 574, 580, fns. 13-14), it seems just that Sovich should receive a new 1 Sovich... -
Stanisic v. UNITED STATES IMMIGRATION AND NAT. SERV.
...Naturalization Service, 386 F.2d 750 (2d Cir. 1967); Sovich v. Esperdy, 319 F.2d 21 (2d Cir. 1963); Blagaic v. Flagg, 304 F.2d 623 (7th Cir. 1962); Milutin v. Bouchard, 299 F.2d 50 (3d Cir. 1962); vacated on other grounds
370 U.S. 292, 82 S.Ct. 1562, 8 L.Ed.2d 501 (1962); Dunat v. Hurney, 297 F.2d 744 (3d Cir. 1962); Couto v. Shaughnessy, 218 F.2d 758 (2d Cir. 1955); United States ex rel. Dolenz v. Shaughnessy, 200 F.2d 288 (2d...