United States Ex Rel. Trinler v. Carusi

BIGGS, Circuit Judge.

This court on February 16, 1948, reversed the judgment of the court below holding that Section 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009' (a), permitted judicial review of a deportation order entered by the Commissioner of Immigration and Naturalization, 1 and a decree enforcing our decision was entered on the same day. It now appears that on August 26, 1947 while the case was pending on appeal the respondent, the then Commissioner of Immigration and Naturalization, Ugo Carusi, resigned his office and was succeeded by Watson Miller on August 27, 1947 as…