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2 Immigration B. Bull. 1 (1949)

handle is hein.immigration/immigbbu0002 and id is 1 raw text is: TOPICAL INDEX TO VOLUME II (Year 1949) of IMMIGRATION BAR BULLETIN Published by THE ASSOCIATION OF IMMIGRATION AND NATIONALITY LAWYERS Prepared by EDWARD L. DUBROFF - JUSTAV LAZARUS, Editoryol. II (Reference is to Issue No. and Page)V NOTE: Care should be exercised in the use of this Index. Some of the principlef1 here reported have since been modified or reversed. Check later issues ST-' the IMMIGRATION BAR BULLETIN. VOL. II A ADMINISTRATIVE PROCEDURE ACT Judicial action may not be had until an administrative remedy has been ex- hausted . ............................ Act held to have no application to de- portation proceedings .............. Petition should allege facts showing pe- titioner is suffering legal wrong, not conclusory allegations ............. Deportation order may not be reviewed by declaratory judgment action, but by habeas corpus only ............... Act held not to require independent pre- siding officer in deportation hearing... Act held not to require trial examiner in deportation proceedings ............ Act does not apply to deportation; alien seamen may become subjects of depor- tation proceedings before expiration of 29 days shore leave .............. Act held not to apply to deportation pro- ceedings, and complaint seeking decla- ratory judgment dismissed ......... Act held not to apply to deportation hearing . ............................ ALIEN ENEMIES - Continued Certiorari denied in above case ....... Person is a native of that state or nation in which the place of his birth is at the time of his proposed removal; burden of proof is upon the Government. Alien enemy forcibly brought to U.S. for internment may be deported as im- migrant if he fails to leave under vol- untary departure privilege ......... ALIEN SEAMEN Detention of alien seaman on board as malefide seaman held to be improper and arbitrary .................... Seaman, lawful resident, may be de- tained upon reentry, under security proclamation ..................... Court of Appeals (2nd Circuit) approves Panamanian ships as basis for naturali- zation under Sec. 325(a) of Nationality Act of 1940 ....................... Alien seamen may become subjects of deportation proceedings before expira- tion of 29 days shore leave; Adminis- trative Procedure Act does not apply to deportation .......................... ARRIVAL See ENTRY. ATTACHED TO PRINCIPLES OF CONSTITUTION Refusal to bear arms, etc., because of religious scruples held not a bar to citi- zenship .......................... Conduct indicating approval and accep- tance of Nazi doctrines held to be lack of attachment .................... No. 1, p. 8 No. 1, p. 8 No. 1, p. 8 No. 2, p. 6 No. 2, p. 7 No. 2, p. 8 No. 3, p. 5 No. 3, p. 6 No. 4, p. 6 To same effect as preceding citation... No. 4, p. 11 ALIEN ENEMIES Interned alien enemies must first be given privilege of voluntary departure before Attorney General can lawfully remove them against their wills, but, having had ample time to depart, they are found to be removable ....... No. 2, p. 6 VOL. II No. 3, p. 7 No. 2, p. 6 No. 2, p. 6 No. 1, p. 4 No. 1, p. 5 No. 2, p. 5 No. 3, p. 5 No. 2, p. 9 No. 4, p. 8

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