United States v. District Director of Imm. & Nat.

Decision Date20 June 1949
Docket NumberNo. 2631,Docket 21350.,2631
Citation175 F.2d 693
CourtU.S. Court of Appeals — Second Circuit

John F. X. McGohey, United States Attorney for the Southern District of New York, New York City (W. J. Sexton, New York City, of counsel), for respondent-appellee.

Isaac Shorr, New York City, for relator-appellant.

Before L. HAND, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. Putting to one side for a moment Section 724a, the Attorney General's action under Section 155(c) would be final. The word "may" in that section confers discretionary unreviewable power.

2. But Section 724a was enacted before appellant's deportation. Appellee, on oral argument in this court, did not dispute appellant's contention that that section removes an illegal entry as a barrier to naturalization. We do not now so decide. But we think that that question should be canvassed in the naturalization proceedings. If that section is held to remove that barrier, and if appellant otherwise satisfies the provisions of the statute, the deportation order should be quashed.

Accordingly, we vacate the order dismissing the habeas corpus writ; the habeas corpus petition is to remain undecided in the district court until the naturalization proceeding is concluded; the deportation order and warrant are meanwhile stayed.

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16 cases
  • Nor-Am Agricultural Products, Inc. v. Hardin
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 15, 1970
    ...ambit of judicial review. The Department cites as a typical case in support of its position United States ex rel. Walther v. District Director of Imm. & Nat., 175 F.2d 693, 694 (2nd Cir. 1949). This brief decision involving the power of the Attorney General to suspend in certain circumstanc......
    • United States
    • U.S. District Court — District of Columbia
    • November 9, 1962
    ...under § 1440 is an open question. Petition of Kavadias, 177 F.2d 497 (CCA 7, 1949); United States ex rel. Walther v. District Director of Immigration and Naturalization, 175 F.2d 693 (CCA 2, 1949). Therefore, Congress seems to have relaxed its usual requirement for a lawful entry or admissi......
  • Shomberg v. United States
    • United States
    • U.S. Supreme Court
    • April 4, 1955
    ...of the deportation proceedings and after a stay had been denied in those proceedings. United States ex rel. Walther v. District Director of Immigration and Naturalization, 2 Cir., 175 F.2d 693; Petition of Kavadias, 7 Cir., 177 F.2d 497. But as a general rule stays were not utilized, cf. Kl......
  • Application of Barnes
    • United States
    • U.S. Court of Appeals — Second Circuit
    • January 10, 1955
    ...158 F.2d 878; Sec. 318, 8 U.S.C.A. § 1429, eliminated the anomalous situation confronting the court in United States ex rel. Walther v. District Director, 2 Cir., 1949, 175 F.2d 693. See United States ex rel. Jankowski v. Shaughnessy, 2 Cir., 1951, 186 F.2d 580; Sec. 243(c), 8 U.S.C.A. § 12......
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