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1 Immigration B. Bull. 1 (1947-1948)

handle is hein.immigration/immigbbu0001 and id is 1 raw text is: INDEX AND DIGEST OF, CAEP IMMIGRATION BAR BULLETIN VOL. I- l1948),- Noos.l to 7 inclusivl by SIDNEY KANSAS ADMINISTRATIVE PROCEDURE ACT The Yale Law Journal has expressed the opinion that exclusion and deportation proceedings are subject to the A.P.A, (I.B.B.** - p. 2) Alien entitled to have judicial review as one adversely affected by deportation. (I.B.B.4 - P. 4) Proceedings must be conducted by an examiner who has no connection with investigating and prosecuting branch of Immigration Service. (I.B.B. 5 - p. 6) A.P.A. applicable to deportation proceedings (I.B.B. 7 - p.3) A.P.A. analyzed completely.(I.B.B.6- pages 1 to 9 inclusive) Under this Act hearings may be conducted by immigrant inspectors and need not be heard exclusively before specially appointed examiners. (I.B.B. 7 - p. 4) U. S. District Court has equity power to invoke review of administrative agency action which is shown to be outside the scope of its authority, when such agency disregards the procedure require- ments and has failed to adhere to right, Justice and even common courtesy, the courts will always be mindful of the reason for the creation of the agency and will balance the rights of an individulal and his government in accordance with law and justice.(I,B.B.3 - p,5) The decision of an agency must be founded upon facts and reason. The duty of review imposed upon the courts requires that the facts be found and the reasons stated. Otherwise the courts cannot determine whether a given action is or is not arbitrary. (I.B.B. 3 - p. 6) ADMISSION OF CRIME Admission of the conviction of a crime is competent proof that conviction was obtained and that jurisdiction was obtained by arrest and plea, though alien was not present when conviction was found and sentence imposed. (I.B.B. 7 - P. 10) * Care should be exercised in the use of this index. Some of the principles here reported have since been modified or reversed. Check later issues of I.B.B. ** I.B.B. - Immigration Bar Bulletin

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