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5 Immigration B. Bull. 1 (1952)

handle is hein.immigration/immigbbu0005 and id is 1 raw text is: TOPICAL INDEX TO VOLUME V (YEAR 1952) of IMMIGRATION BAR BULLETIN Published by THE ASSOCIATION OF IMMIGRATION AND NATIONALITY LAWYERS Prepared by EDWARD L. DUBROFF GEORGE MOERMAN, Editor, Vol. V (Reference is to Issue No. and Page) NOTE: 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 the IMMIGRATION BAR BULLETIN. ABBREVIATIONS Atty. Gen. means Attorney General of the United States B/I/A means Board of Immigration Appeals B/S/I means Board of Special Inquiry Commr. means Commissioner of Immigration and Naturalization C/A means United States Court of Appeals D/C means United States District Court S/C means United States Supreme Court VOL. V A ABSENCE See RESIDENCE ACT OF OCTOBER 16, 1918 See DEPORTATION ADMINISTRATIVE PROCEDURE ACT D/C construes applicability of this Act to deportation proceedings ..................... No. 1, p. 6 C/A holds that orders of deportation not rendered moot merely because aliens left U. S. where proceedings had pre- viously been brought to have orders de- clared void because allegedly violative of provisions of this Act ......................... No. 2, p. 5 D/C holds that Commr. is an indispens- able party in proceedings under this Act to review deportation order ............. No. 2, p. 5 Another D/C adheres to above view; in- dicates District of Columbia is proper fo rum . ...................................................... N o . 2 , p . 6 D/C holds that review of exclusion can- not be maintained under this Act but that declaratory judgment action would lie . ..................................... .. ..... . N o . 2 , p . 6 Petition filed with S/C for certiorari on question of constitutionality of exemp- tion of deportation hearings from Ad- ministrative Procedure Act by Supple- mental Appropriations Act ..................... No. 2, p. 9 C/A holds that injunction to prevent de- portation will not lie on ground that proceeding was not in conformity with Administrative Procedure Act, when Congress expressly made such Act inap- plicable to deportation proceedings ....... No. 3, p. 4 C/A holds that failure to traverse return to writ of habeas corpus causes allega- tions of return, and administrative rec- ord submitted therewith, to be accepted as true; also, that due process was not VOL. V ADMINISTRATIVE PROCEDURE ACT - Continued violated by combining of investigation and hearing functions in one person, and by failing to warn alien that his statements at the hearing might be used against him . ............................................ N o. 3, p . 5 C/A holds that mere membership in Communist Party of the U. S., without proof of party purposes, sufficient to support finding of deportability ............. No. 3, p. 5 S/C grants certiorari on issue whether mere membership in Communist Party, without proof of Party's purposes, is sufficient to sustain deportation order. . No. 3, p. 9 S/C denies certiorari on issue of consti- tutionality of Supplemental Appropria- tions Act which exempted deportation proceedings from Administrative Pro- ced u re A ct . .............................................. N o . 3, p . 9 S/C, by affirming by evenly divided court, does not pass upon government's claim that habeas corpus is exclusive method whereby deportation orders might be reviewed by courts. .................. No. 4, p. 6 S/C holds that failure to raise issue of non-compliance with Administrative Procedure Act during administrative proceeding precludes judicial review up- on such non-compliance ......................... No. 4, p. 6 B/I/A holds that an admission made by alien, during previous deportation hear- ing which violated Administrative Pro- cedure Act, is admissible in evidence during subsequent rehearing ................. No. 4, p. 6 ALIEN SEAMEN See also NATURALIZATION D/C holds that alien seamen, if deport- able, may be detained and deported at ship's expense, even if returning from round trip on American vessels shipping from Am erican ports ............................... No. 1, p. 4

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