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Keywords

attorneyinjunctionhearinghabeas corpusdeportationnaturalizationjudicial reviewrespondent
attorneyinjunctionhearinghabeas corpusdeportationnaturalizationjudicial reviewrespondent

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U.S. Shaughnessy v. Pedreiro

Facts

After administrative hearings, the alien was ordered deported under the Immigration and Nationality Act of 1952. He petitioned the district court to review the deportation order, declare it void and issue a temporary injunction. The district court dismissed his petition on the ground that either the Attorney General or the Commissioner of Immigration and Naturalization was an indispensable party and should have been joined, but the appellate court reversed the judgment.

After administrative hearings, the alien was ordered deported under the Immigration and Nationality Act of 1952. He petitioned the district court to review the deportation order, declare it void and issue a temporary injunction. The district court dismissed his petition on the ground that either the Attorney General or the Commissioner of Immigration and Naturalization was an indispensable party and should have been joined, but the appellate court reversed the judgment.

Issue

Whether deportation orders entered under the Immigration and Nationality Act of 1952 can be judicially reviewed under the Administrative Procedure Act.

Whether deportation orders entered under the Immigration and Nationality Act of 1952 can be judicially reviewed under the Administrative Procedure Act.

Rule

The Administrative Procedure Act provides that any person suffering legal wrong because of any agency action shall be entitled to judicial review thereof.

The Administrative Procedure Act provides that any person suffering legal wrong because of any agency action shall be entitled to judicial review thereof.

Analysis

The Court determined that the alien was entitled to judicial review of the deportation order entered under the Immigration Act, rejecting the argument that the word 'final' in the Immigration Act precluded judicial review except by habeas corpus. The Court construed 'final' as referring to finality in administrative procedure rather than as cutting off the right of judicial review.

The Court determined that the alien was entitled to judicial review of the deportation order entered under the Immigration Act, rejecting the argument that the word 'final' in the Immigration Act precluded judicial review except by habeas corpus. The Court construed 'final' as referring to finality in administrative procedure rather than as cutting off the right of judicial review.

Conclusion

The Court affirmed the appellate court's judgment, allowing for judicial review of deportation orders under the Administrative Procedure Act.

The Court affirmed the appellate court's judgment, allowing for judicial review of deportation orders under the Administrative Procedure Act.

Who won?

Respondent Pedreiro prevailed because the Court found that the deportation order could be judicially reviewed under the Administrative Procedure Act.

Respondent Pedreiro prevailed because the Court found that the deportation order could be judicially reviewed under the Administrative Procedure Act.

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