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AZZOLLINI v. WATKINS

No. 168, Docket 21217.

172 F.2d 897 (1949)

AZZOLLINI et al. v. WATKINS, Dist. Director of Immigration, etc.

United States Court of Appeals Second Circuit.

March 10, 1949.

Attorney(s) appearing for the Case

Charles Graff, of New York City, for plaintiffs-appellants.

John F. X. McGohey, U. S. Atty., of New York City (Louis Steinberg, Alvin Lieberman, and Harold J. Raby, all of New York City, of counsel), for defendant-appellee.

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

FRANK, Circuit Judge.

Until the enactment of the Administrative Procedure Act of 1946, it was clear that habeas corpus was the only procedure by which deportation proceedings could be reviewed. Imperiale v. Perkins, 62 App. D.C. 279, 66 F.2d 805; Kabadian v. Doak, 62 App.D.C. 114, 65 F.2d 202; Sibray v. United States, 3 Cir., 185 F. 401. Petitioner contends that § 10 of the Administrative Procedure...

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