Yanish v. Barber, 12174.
| Decision Date | 24 April 1950 |
| Docket Number | No. 12174.,12174. |
| Citation | 181 F.2d 492 |
| Parties | YANISH et al. v. BARBER, District Director, Immigration & Naturalization Service. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Gladstein, Andersen, Resner & Sawyer, Lloyd E. McMurray, San Francisco, Cal., for appellants.
Frank J. Hennessy, U. S. Attorney, Edgar R. Bonsall, San Francisco, Cal., (L. E. Gowen, Asst. Adjudications Officer, Imm. & Nat. Service, on the brief), for appellee.
Before HEALY and BONE, Circuit Judges and HALL, District Judge.
It appears that since the decision in Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, holding the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq., applicable to deportation proceedings, the regulations of the Department in respect of such proceedings have been amended to conform to that decision. Consult Federal Register, Vol. 15, No. 47, pp. 1298-1302. These regulations, as we understand them, are applicable to proceedings inaugurated prior as well as subsequent to the effective date of the Administrative Procedure Act, no exceptions appearing therein.
The judgment in this case is accordingly reversed and the cause remanded with instructions to grant the relief prayed for in the complaint, or if that course is found to be unnecessary to make such other disposition of the cause as may be appropriate.
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Prince v. COMMISSIONER OF IMMIGRATION AND NAT.
...of extraordinary legal remedies but rather to simplify and make more flexible the avenues to judicial relief." See also Yanish et al. v. Barber, 9 Cir., 181 F.2d 492. In the instant case, the district court held that judicial review, under the Administrative Procedure Act, was precluded by ......
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Corona v. Landon, 15014.
...Act applied to such hearing. That case is made the basis for the decision of the Court of Appeals for the Ninth Circuit in Yanish v. Barber, 9 Cir., 1950, 181 F.2d 492. The Court, in a very brief per curiam decision, merely held, after citing Sung v. McGrath, supra, that the Administrative ......
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Davis v. Secretary, Dept. of Health, Education & Welfare
...officer in a court proceeding. In Yanish v. Wixon, 81 F.Supp. 499 (N.D.Calif. 1948), rev'd on other grounds sub nom. Yanish v. Barber, 181 F.2d 492 (9th Cir. 1950), the District Court for the Northern District of California held, in a similar case, that the administrative remedies need not ......