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United States ex rel. Walther v. District Director of Immigration & Naturalization

United States ex rel. Walther v. Dist. Dir. of Immigration & Naturalization, 175 F.2d 693 (2d Cir. 1949)
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Subsequent history: aff'd sub nom. Shomberg v. United States, 348 U.S. 540 (1955). (read from the later opinion; check before relying)

Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
June 20, 1949
Docket
Nos. 2631, Docket 21350
Judges
Frank
Citations
175 F.2d 6931949 U.S. App. LEXIS 2413

Opinion of the Court — Frank

Text extracted by OCR from a scanned original; check the original for exact wording.

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 unresviewable 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, t'he 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 17 cases

View all citing references →
1949: 21950: 31951: 21953: 21954: 11955: 41957: 11962: 11970: 119492026peak 1955 · 4

Relies on it most ⓘ

  1. United States ex rel. Walther v. District Director of Immigration and Naturalization189 F.2d 517 (2d Cir. 1951)
  2. United States ex rel. Kaloudis v. Shaughnessy180 F.2d 489 (2d Cir. 1950)
  3. Shomberg v. United States348 U.S. 540 (1955)
  4. Mastrapasqua v. Shaughnessy, Director180 F.2d 999 (2d Cir. 1950)
  5. United States ex rel. Jankowski v. Shaughnessy186 F.2d 580 (2d Cir. 1951)
  6. Sleddens v. Shaughnessy177 F.2d 363 (2d Cir. 1949)

Most recent

  1. Nor-Am Agricultural Products, Inc. v. Hardin435 F.2d 1133 (7th Cir. 1970)
  2. In re Naturalization of Convento210 F. Supp. 265 (D.D.C. 1962)
  3. Tsiang Hsi Tseng v. Del Guercio148 F. Supp. 803 (S.D. Cal. 1957)
  4. In re Kiseleff135 F. Supp. 314 (S.D.N.Y. 1955)
  5. Shomberg v. United States348 U.S. 540 (1955)
  6. Barnes v. Oddo219 F.2d 137 (2d Cir. 1955)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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