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MASTRAPASQUA v. SHAUGHNESSY

No. 140, Docket 21527.

180 F.2d 999 (1950)

MASTRAPASQUA v. SHAUGHNESSY, Director.

United States Court of Appeals Second Circuit.

Decided March 2, 1950.

Attorney(s) appearing for the Case

Charles Graff, of New York City, for appellant.

Irving H. Saypol, of New York City (William J. Sexton, Louis Steinberg and Lester Friedman, of New York City, of counsel), for appellee.

Before AUGUSTUS N. HAND, CHASE and FRANK, Circuit Judges.

FRANK, Circuit Judge.

The statutes authorizing voluntary departure of deportable aliens, and the suspension of their deportation, state that the Attorney General "may" grant these forms of relief. In considering applications for such relief, then, the Attorney General exercises powers of discretion. In addition to these powers granted by statute, the Attorney General, by regulation, has also established the discretionary relief of "pre-examination." See 8 C.F.R. 142...

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