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Shaughnessy v. Pedreiro, 349 U.S. 48 (1955)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Shaughnessy v. Pedreiro, 349 U.S. 48 (1955)
Shaughnessy v. Pedreiro No. 374 Argued March 31, 1955 Decided April 25 1955 349 U.S. 48
CERTIORARI TO THE UNITED STATE COURT OF APPEALS
FOR THE SECOND CIRCUIT
Syllabus
1. Under § 10 of the Administrative Procedure Act, an alien whose deportation has been ordered administratively under the Immigration and Nationality Act of 1952 may obtain a judicial review of such order by an action in a federal district court for a declaratory judgment and injunctive relief. Pp. 49-52.
(a) Heikkila v. Barber, 345 U.S. 229, distinguished. P. 50.
(b) The provision of § 242(b) of the Immigration and Nationality Act of 1952 which makes deportation orders of the Attorney General "final" does not "expressly" supersede or modify the provisions of the Administrative Procedure Act within the meaning of § 12 thereof, and does not make § 10 of the latter Act inapplicable to deportation proceedings. Pp. 50-52.
(c) A habeas corpus proceeding is not the sole means of obtaining judicial review of a deportation order issued under the 1952 Act. An action in a federal district court to declare the order void and enjoin its execution is an appropriate remedy. P. 52.
2. In an action in a federal district court against a District Director of Immigration and Naturalization to review a deportation order, declare it void, and enjoin its execution, the Commissioner of Immigration and Naturalization is not an indispensable party. Pp. 52-54.
213 F.2d 768 affirmed.
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Chicago: U.S. Supreme Court, "Syllabus," Shaughnessy v. Pedreiro, 349 U.S. 48 (1955) in 349 U.S. 48 349 U.S. 49. Original Sources, accessed November 25, 2024, http://originalsources.com/Document.aspx?DocID=R7VA32LREK9U6FY.
MLA: U.S. Supreme Court. "Syllabus." Shaughnessy v. Pedreiro, 349 U.S. 48 (1955), in 349 U.S. 48, page 349 U.S. 49. Original Sources. 25 Nov. 2024. http://originalsources.com/Document.aspx?DocID=R7VA32LREK9U6FY.
Harvard: U.S. Supreme Court, 'Syllabus' in Shaughnessy v. Pedreiro, 349 U.S. 48 (1955). cited in 1955, 349 U.S. 48, pp.349 U.S. 49. Original Sources, retrieved 25 November 2024, from http://originalsources.com/Document.aspx?DocID=R7VA32LREK9U6FY.
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