United States v. District Director of Imm. & Nat., No. 2631
| Court | U.S. Court of Appeals — Second Circuit |
| Writing for the Court | L. HAND, CLARK and FRANK, Circuit |
| Citation | 175 F.2d 693 |
| Parties | UNITED STATES ex rel. Walther v. DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION. |
| Decision Date | 20 June 1949 |
| Docket Number | No. 2631,Docket 21350. |
175 F.2d 693 (1949)
UNITED STATES ex rel. Walther
v.
DISTRICT DIRECTOR OF IMMIGRATION & NATURALIZATION.
No. 2631, Docket 21350.
United States Court of Appeals, Second Circuit.
Argued June 10, 1949.
Decided June 20, 1949.
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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Nor-Am Agricultural Products, Inc. v. Hardin, No. 18478.
...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 circumstances deportation of an alien......
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PETITION FOR NATURALIZATION OF CONVENTO, No. 34083.
...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 admission to the United States in the sta......
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Shomberg v. United States, No. 48
...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. Klig v. Watkins, D.C., 84 F.Supp. 486, and ......
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Application of Barnes, No. 20
...§ 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. § 1253 (c), specifically corrected the ......
-
Nor-Am Agricultural Products, Inc. v. Hardin, No. 18478.
...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 circumstances deportation of an alien......
-
PETITION FOR NATURALIZATION OF CONVENTO, No. 34083.
...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 admission to the United States in the sta......
-
Shomberg v. United States, No. 48
...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. Klig v. Watkins, D.C., 84 F.Supp. 486, and ......
-
Application of Barnes, No. 20
...§ 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. § 1253 (c), specifically corrected the ......