United States v. Shaughnessy, No. 158
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | L. HAND, , and SWAN, and CHASE, Circuit |
| Citation | 180 F.2d 489 |
| Parties | UNITED STATES ex rel. KALOUDIS v. SHAUGHNESSY. |
| Docket Number | Docket 21572.,No. 158 |
| Decision Date | 20 February 1950 |
180 F.2d 489 (1950)
UNITED STATES ex rel. KALOUDIS
v.
SHAUGHNESSY.
No. 158, Docket 21572.
United States Court of Appeals Second Circuit
Argued January 30, 1950.
Decided February 20, 1950.
Moerman & Moerman, New York City, Arthur G. Hayes, New York City (Harold D. Safir, New York City, of counsel), for relator-appellant.
Irving H. Saypol, U. S. Atty., New York City, William J. Sexton, New York City (Louis Steinberg, District Counsel, Immigration and Naturalization Service, New York City, Lester Friedman, Atty., Immigration and Naturalization Service, New York City, of counsel), for respondent-appellee.
See Pressman, New York City, for International Workers Order, amicus curiae.
Before L. HAND, Chief Judge, and SWAN, and CHASE, Circuit Judges.
L. HAND, Chief Judge.
This is an appeal by an alien from an order dismissing a writ of habeas corpus to release him from custody under an order of deportation. The question involved is the extent to which the district court has power to review the exercise of a discretion of the Attorney General, conferred upon him by the Immigration Act.1 The facts are as follows. Kaloudis, the relator, is a Greek merchant seaman who entered the United States on April 22, 1944, for shore leave only, not to exceed twenty-nine days. Nevertheless, he obtained extensions of time until 1946, when his application for further leave was denied, as he was informed by letter on July 3, 1946. He was, however, allowed to make a voluntary departure on or before October 1st,2 instead of which on
To continue reading
Request your trial
-
Bolton v. Dep't of the Navy Bd. for Corr. of Naval Records, No. 18-3284
...to the authority of the executive and not appropriate subjects for judicial review); United States ex rel. Kaloudis v. Shaughnessy , 180 F.2d 489, 491 (2d Cir. 1950) (clemency "is a matter of grace, over which courts have no review") (Learned Hand, J.); United States v. Pollard , 416 F.3d 4......
-
New York Racing Ass'n, Inc. v. N.L.R.B., Nos. 832
...argument Page 57 is that "not every governmental action is subject to review by judges." United States ex rel. Kaloudis v. Shaughnessy, 180 F.2d 489, 491 (2d Cir.1950) (L. Hand, Ch. J.). 5 The Racing Association is in the same position as any party who seeks an election but is unsuccessful ......
-
U.S. v. Pollard, No. 01-3103.
...by Judge Learned Hand, "[i]t is a matter of grace, over which courts have no review[.]" United States ex. rel. Kaloudis v. Shaughnessy, 180 F.2d 489, 491 (2d Cir.1950). Thus, it is entirely out of our power to compel discovery of or access to documents for the sake of a clemency petition. W......
-
Snell v. Wyman, No. 67 Civ. 2676.
...370 (1958); Gross v. Bishop, 377 F.2d 492, 494 (8th Cir. 1967); Moss v. Hornig, 314 F.2d 89 (2d Cir. 1963); United States v. Shaughnessy, 180 F.2d 489, 491 (2d Cir.) This is not to say, of course, that the power to mitigate the law's literal exactions is beyond constitutional scrutiny. Arbi......
-
Bolton v. Dep't of the Navy Bd. for Corr. of Naval Records, No. 18-3284
...to the authority of the executive and not appropriate subjects for judicial review); United States ex rel. Kaloudis v. Shaughnessy , 180 F.2d 489, 491 (2d Cir. 1950) (clemency "is a matter of grace, over which courts have no review") (Learned Hand, J.); United States v. Pollard , 416 F.3d 4......
-
New York Racing Ass'n, Inc. v. N.L.R.B., Nos. 832
...argument Page 57 is that "not every governmental action is subject to review by judges." United States ex rel. Kaloudis v. Shaughnessy, 180 F.2d 489, 491 (2d Cir.1950) (L. Hand, Ch. J.). 5 The Racing Association is in the same position as any party who seeks an election but is unsuccessful ......
-
U.S. v. Pollard, No. 01-3103.
...by Judge Learned Hand, "[i]t is a matter of grace, over which courts have no review[.]" United States ex. rel. Kaloudis v. Shaughnessy, 180 F.2d 489, 491 (2d Cir.1950). Thus, it is entirely out of our power to compel discovery of or access to documents for the sake of a clemency petition. W......
-
Sabino v. Reno, No. CIV. A. H-97-3884.
...United States ex rel. Hintopoulos v. Shaughnessy, 233 F.2d 705 (2d Cir.1956) (quoting United States ex rel. Kaloudis v. Shaughnessy, 180 F.2d 489 (2d Cir.1950) (Hand, 38. But cf. We Shung, 77 S.Ct. at 254 (stating that allowing alien to seek review by declaratory judgment would not "enlarge......