HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.immigration/immigbbu0008 and id is 1 raw text is:
Vol. VIII
January-March, 1955
No. 1
MESSAGE OF THE PRESIDENT
JACK WASSERMAN
The battle to permit judicial review of deportation
orders without requiring aliens to go into detention or to
jail has just about ended. It began in 1947 when Abram
Orlow, a former President of our association filed a petition
for review in Trinler v. Carusi, 166 F. 2d. 457. Thereafter
the District of Columbia and the Sixth Circuits authorized
declaratory judgment actions in deportation cases. These
decisions were later restricted or nullified by the Supreme
Court in Heikkila v. Barber, 345 U. S. 229.
Rubinstein v. Brownell, 206 F. 2d 449, set the stage for
declaratory judgment actions filed after the 1952 Act. An
equally divided Supreme Court gave approval to that
decision and it was therefore not regarded as binding by
the Government.
Shaughnessy v. Pedreiro,, No. 374, October Term, Su-
preme Court, decided April 25, 1955, now settles the right
of aliens to bring declaratory judgment actions in deporta-
tion cases under the 1952 Act. It does not settle the fate
of 1917 Act deportation orders nor what right of review
exists for exclusion orders. The Pedreiro case leaned heavily
upon the Administrative Procedure Act in reaching the
conclusion to permit declaratory review. [The effect of the
Administrative Procedure Act, if any, upon deportation
hearings is before the Supreme Court in Marcello v. Bonds,
No. 145. A decision will be rendered in this important
matter before the summer].
Significantly, the Hoover Commission, in March of 1955,
observed that the use of special inquiry officers in immi-
gration matters has resulted in a substantial deviation
from the hearing examiner system as contemplated by the
Administrative Procedure Act.
The Administrative Procedure Act adopted a code of
fair hearing procedures for administrative agencies.
Whether or not the Immigration Service is technically
exempt therefrom, this code should furnish minimal
standards which should be followed when matters affect-
ing the lives and destinies of our foreign born are
adjudicated.
RANDOM NOTES FROM THE DESK
OF THE EDITOR
EDWARD L. DuBROFF
It is my happy privilege to serve again as Editor of
this publication. The goal of the Committee on Publications
is to maintain the high standards already achieved by the
BULLETIN, and, wherever possible, to improve and add
to them from time to time.
A new feature, commencing with this issue, will be a
review by David Carliner, of the Washington Chapter, of
articles which appear in other legal periodicals. We trust
that it will be of interest to our readers. It has been sug-
gested that a change in format might be of value, by pub-
lishing the BULLETIN in the pamphlet style used by most
of the law reviews. The views and comments of our readers
would be most welcome on how we can improve on what
we are doing.
Our aim is to combine in one publication all that is new
and important in the field of immigration and nationality,
in the three branches of government, the legislative, the
executive and the judicial. While we feel that we have an
excellent periodical, we realize that we often have a lag
between the issue date and the actual delivery date. In the
main, this is caused by delays in the receipt of copy. All
of our contributors are non-compensated; all of them are
active practioners in our field of law; they do their best
to meet publication deadlines, but are oftimes caught
up in the complexities of their own law practices. We do
hope that we can eventually cure the delays which some-
times occur.
On February 16, 1955 a change in 8 CFR Sec. 481. 1 was
published in the Federal Register. This change would cause
an applicant for adjustment of status under §6 of the
Refugee Relief Act of 1953, as amended, to be deemed
to have thereby abandoned his nonimmigrant status in the
United States. No notice of proposed rule making was
given, as required by the Administrative Procedure Act, the
justification for the waiver being that the rules being pre-
(Continued on page 10)
IMMIGRATION BAR BULLETINI
Published by
THE ASSOCIATION OF IMMIGRATION AND NATIONALITY LAWYERS
Give me your tired, your poor, your huddled
masses yearning to breathe free ....... .I lift my
lamp beside the golden door.](ViewImageLocal?handle=hein.immigration/immigbbu0008&div=1&collection=&method=preview&ext=.png&size=3)