United States ex rel. Di Dente v. Ault

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 daté 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 of the Administrative Procedure Act, the hearing of September 14, 1949 as conducted was violative of the constitutional requirements of due process.

Petitio…