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BROWNELL v. TOM WE SHUNG

No. 43.

352 U.S. 180 (1956)

BROWNELL, ATTORNEY GENERAL, v. TOM WE SHUNG.

Supreme Court of United States.

Decided December 17, 1956.

Attorney(s) appearing for the Case

Oscar H. Davis argued the cause for petitioner. On the brief were Solicitor General Rankin, Assistant Attorney General Olney, Beatrice Rosenberg and Isabelle R. Cappello.

Andrew Reiner argued the cause for respondent. With him on the brief was Jack Wasserman. David Carliner entered an appearance for respondent.

MR. JUSTICE CLARK delivered the opinion of the Court.

In Shaughnessy v. Pedreiro, 349 U.S. 48 (1955), we held that an alien, ordered deported by the Attorney General under the provisions of the Immigration and Nationality Act of 1952, might test the legality of such order in a declaratory judgment action brought under § 10 of the Administrative Procedure Act, 60 Stat. 243...

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