About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

15 Immigration B. Bull. 1 (1962)

handle is hein.immigration/immigbbu0015 and id is 1 raw text is: IMMIGRATION BAR BULLETIN Published by THE ASSOCIATION OF IMMIGRATION AND NATIONALITY LAWYERS i . . . Give me your tired, your poor, your huddled masses yearning to breathe free . . . I lift my lamp beside the golden door. Vol. XV January-April, 1962 No. I MESSAGE OF THE PRESIDENT GEORGE GERSHENFELD Every year that our Association continues in existence, I feel that the officers, the Board of Governors, and the chapter members do more and more to raise the stature of the professional level of our organization. I feel that our conference held in Atlantic City, at the Ritz-Carlton Hotel on March 30th, 31st and April ist con- tributed greatly to further this end. This conference was attended and participated in by not only members of our Association from all over the country, but members of the State Department, the Immigration and Naturalization Service, social service agencies and several law schools. Our Association was further honored at this conference by Bishop Edward E. Swanstrom accepting from our Associa- tion our annual Founder's Day award. Your officers and members of the Board of Governors felt that the paper delivered by Charles Gordon, Esq., re- gional counsel of the Immigration Service, was of such a valuable nature that, for the first time, our Bar Bulletin is reprinting in full a talk delivered at our conference. It is hoped that from time to time additional articles will be published by the Bulletin that are of interest to our members, the law schools, and members of the Governmental Services who are readers of this Bulletin. Already, during this administrative year, your officers have met with Hon. Raymond F. Farrell, the Commissioner of the Immigation and Naturalization Service, together with members of his staff, and I want to take this public oppor- tunity of thanking him and his staff for the warm welcome we received and the privilege that was extended to us to sit down and discuss our mutual problems. I like to feel that some of the changes that are now being brought about were assisted by some of the questions and ideas that were raised by your officers of this Association. Congress is still in session. While no bill has been pre- sented to the floor of the Senate to date, it is hoped that whatever changes are to be made will be made before the final dying embers of the Congressional fire and the close of the Congressional session. It is hoped that they will be made with ample opportunity being given to all members of both the Senate and the House to discuss fulk, amend, and change anN legislation that is proposed if they deem that the same (Continued on Page 2) CHANGING PATTERNS OF JUDICIAL REVIEW* CHARLES GORDON* The Changing Law During recent years I have discussed judicial review before gatherings of lawyers on a number of occasions. In addition, I have written articles and co-authored a text which I hope you have found useful. One might suppose that the well of originality eventually would run dry. But this is hardly true. My association with judicial review has been a source of constant enlightenment. Therefore I am delighted to have this opportunity to share my observations with you, in a process of mutual education. And of course this must again be only an interim report, since our con- tinual educational experience is bound to produce new ideas and solutions in the future. One of the basic truths of life is that nothing stands still. The only certainty is that there will be change. Translated into terms of judicial review this means that there are no absolutes. For my part I would not pretend to be able to predict with certainty the result of any case. Like any other lawyer, I often attempt a guess based partly on knowledge of past precedents and partly on intuition. But long ago I learned that no one can be assured of the outcome when the 9 in the Supreme Court, or the 3 in the Court of Appeals, or the single judges in the districts receive the case and ponder it in the solitude of chambers or conference. In my own relatively short span of experience I have wit- nessed an explosive development of new concepts in judicial review. I believe court challenges at first were viewed by some administrators as a type of obstruction to efficient func- tioning. Habeas corpus was available but this was a sum- mary process, often invoked on the very eve of departure. Deportation was supposed to be expeditious. Judicial review sometimes was regarded as an extraneous impediment. I hope you will agree that there has been a marked change in our attitude toward judicial review. To some extent this change is attributable to the pioneering efforts of many members of your association, with notable assist- ance from the courts. We in the Immigration Service have constantly expanded our horizons. All of us now understand that the courts are not an obstacle but a necessary assurance of legality and fairness. And I believe most of us in the (Continued on Page 11) *Address before Annual Symposium of Association of Immigration and Nation- ality Lawyers, Atlantic City, New Jersey, March 31, 1962. tRegional Counsel for Northwest Region, immigration and Naturalization Service. Co-author, Gordon and Rosenfield, Immigration Law and Procedure.

What Is HeinOnline?

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.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most