UNITED STATES v. AULT

Civ. A. No. 28635.

101 F.Supp. 496 (1951)

UNITED STATES ex rel. DI DENTE v. AULT.

United States District Court, N. D. Ohio, E. D.

November 20, 1951.


Attorney(s) appearing for the Case

Ann Fagan Ginger, Jerome Land, Cleveland, Ohio, for the relator.

John Kulka, Asst. U. S. Atty., Cleveland, Ohio, Herman Branse, Legal Adviser, Immigration and Naturalization Service, Buffalo, N. Y., for the respondent.


McNAMEE, District Judge.

Relator is in custody pursuant to an order of deportation and seeks his release and a new deportation hearing on two grounds:

1. That the order of deportation is void as being based upon the hearing of September 14, 1949, held subsequent to the effective date of the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq., and not in compliance with its mandatory requirements.

2. That without regard to the applicability...

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