Heikkila v. Barber, 345 U.S. 229 (1953)

Heikkila v. Barber

No. 426

Argued February 5, 1953
Decided March 16, 1953
345 U.S. 229

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

An alien whose deportation has been ordered by the Attorney General under § 19(a) of the Immigration Act of 1917 may not obtain a review of the Attorney General’s decision under § 10 of the Administrative Procedure, by a suit for a declaratory judgment or injunctive relief. Pp. 230-237.

(a) Section 19(a) of the Immigration Act of 1917 is a statute which precludes judicial review within the meaning of the first exception to § 10 of the Administrative Procedure Act. Pp. 232-235.

(b) The reasons which prevent review of a deportation order under § 10 of the Administrative Procedure Act apply a fortiori to suits for injunction based on the general equity powers of the federal courts and suits for declaratory relief under the Declaratory Judgment Act. P. 237.

(c) Habeas corpus remains the only procedure by which an alien whose deportation has been ordered by the Attorney General may challenge such order in the courts. Pp. 234-235.

Affirmed.

Appellant’s complaint seeking a "review of agency action" as well as injunctive and declaratory relief, was dismissed by a three-judge District Court. On direct appeal to this Court, affirmed, p. 237.