United States v. Carusi, 9461.
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | BIGGS, McLAUGHLIN and KALODNER, Circuit |
| Citation | 168 F.2d 1014 |
| Parties | UNITED STATES ex rel. TRINLER v. CARUSI, Commissioner of Immigration and Naturalization. |
| Docket Number | No. 9461.,9461. |
| Decision Date | 08 July 1948 |
168 F.2d 1014 (1948)
UNITED STATES ex rel. TRINLER
v.
CARUSI, Commissioner of Immigration and Naturalization.
No. 9461.
Circuit Court of Appeals, Third Circuit.
Argued June 21, 1948.
Decided July 8, 1948.
Abram Orlow, of Philadelphia, Pa. (Lemuel B. Schofield, of Philadelphia, Pa., on the brief), for appellant.
Gerald A. Gleeson, U. S. Atty., James P. McCormick, Asst. U. S. Atty., and Maurice A. Roberts, District Adjudications Officer, Immigration and Naturalization Service, all of Philadelphia, Pa., on the brief, for appellee.
Before BIGGS, McLAUGHLIN and KALODNER, Circuit Judges.
BIGGS, Circuit Judge.
This court on February 16, 1948, reversed the judgment of the court below holding that Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009 (a), permitted judicial review of a deportation order entered by the Commissioner of Immigration and Naturalization,1 and a decree enforcing our decision was entered on the same day. It now appears that on August 26, 1947 while the case was pending on appeal the respondent, the then Commissioner of Immigration and Naturalization, Ugo Carusi, resigned his office and was succeeded by Watson Miller on August 27, 1947 as Acting Commissioner. Mr. Miller's nomination to the office by the President was confirmed by the Senate on December 18, 1947. See Section 7 of the
Both parties rely on the provisions of Rule 25(d) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. This rule is inapplicable to proceedings in this court. The pertinent rule is 28(5) of the Rules of this court which is based on Section 11 of the Act of February 13, 1925, 28 U.S.C.A. § 780. Section 11 provides in pertinent part that if an officer of the United States dies or resigns, "* * * it shall be competent for the court wherein the action * * * is pending, whether the court be one of first instance or...
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Cisternas-Estay v. Immigration and Naturalization Service, CISTERNAS-ESTAY and D
...v. Watkins, 172 F.2d 897 (2d Cir. 1949). Contra, United States ex rel. Trinler v. Carusi, 166 F.2d 457 (3d Cir.), rev'd on other grounds, 168 F.2d 1014 (3d Cir. In Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616 (1950), however, the Supreme Court held that the APA governe......
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Giambanco v. Immigration and Naturalization Service, 75--1401
...v. Watkins, 172 F.2d 897 (2d Cir. 1949). Contra, United States ex rel. Trinler v. Carusi, 166 F.2d 457 (3d Cir.), rev'd on other grounds, 168 F.2d 1014 (3d Cir. In Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616 (1950), however, the Supreme Court held that the APA governe......
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Snyder v. Buck, 64
...an appeal is being sought, see Becker Steel Co. v. Hicks, 2 Cir., 66 F.2d 497, 499; United States ex rel. Trinler v. Carusi, 3 Cir., 168 F.2d 1014, as was implicit in Mathues v. United States ex rel. Cunningham, supra. For in that case a writ of habeas corpus, denied by the District Court, ......
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Acheson v. Fujiko Furusho, 13093
...from the office while the action is pending. The decision of the Third Circuit in U. S. ex rel. Trinler v. Carusi, 3 Cir., 1948, 168 F.2d 1014, is not inconsistent with our conclusion. The case of Ex parte La Prade, 1933, 289 U.S. 444, 53 S.Ct. 682, 77 L.Ed. 1311, involved a suit by a state......
-
Cisternas-Estay v. Immigration and Naturalization Service, CISTERNAS-ESTAY and D
...v. Watkins, 172 F.2d 897 (2d Cir. 1949). Contra, United States ex rel. Trinler v. Carusi, 166 F.2d 457 (3d Cir.), rev'd on other grounds, 168 F.2d 1014 (3d Cir. In Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616 (1950), however, the Supreme Court held that the APA governe......
-
Giambanco v. Immigration and Naturalization Service, 75--1401
...v. Watkins, 172 F.2d 897 (2d Cir. 1949). Contra, United States ex rel. Trinler v. Carusi, 166 F.2d 457 (3d Cir.), rev'd on other grounds, 168 F.2d 1014 (3d Cir. In Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, 94 L.Ed. 616 (1950), however, the Supreme Court held that the APA governe......
-
Snyder v. Buck, 64
...an appeal is being sought, see Becker Steel Co. v. Hicks, 2 Cir., 66 F.2d 497, 499; United States ex rel. Trinler v. Carusi, 3 Cir., 168 F.2d 1014, as was implicit in Mathues v. United States ex rel. Cunningham, supra. For in that case a writ of habeas corpus, denied by the District Court, ......
-
Acheson v. Fujiko Furusho, 13093
...from the office while the action is pending. The decision of the Third Circuit in U. S. ex rel. Trinler v. Carusi, 3 Cir., 1948, 168 F.2d 1014, is not inconsistent with our conclusion. The case of Ex parte La Prade, 1933, 289 U.S. 444, 53 S.Ct. 682, 77 L.Ed. 1311, involved a suit by a state......