Basilio Fugiani v. Bruce G. Barber, District Director Immigration and Naturalization Service, San Francisco, California

I do not see how this decision can stand in the face of McGrath v. Kristensen, 340 U.S. 162, 169-171, 71 S.Ct. 224, 226, 95 L.Ed. 173. I think the majority opinion fails to note just what it was that the Special Inquiry Officer and the Board of Immigration Appeals determined. The Special Inquiry Officer never got around to consider whether the discretionary power would or would not be exercised. Rather, his decision was that appellant was ineligible for suspension or voluntary departure, as a person not of good moral character. The Special Inquiry Officer’s formal findings, labeled as such,…