Legal Opinion
Mastrapasqua v. Shaughnessy, Director
Court of Appeals for the Second Circuit
Decided March 2, 1950No. 21527_1PublishedCited by 43 opinions
1Opinion of the Court
FRANK, Circuit Judge.
The statutes authorizing voluntary departure of deportable aliens, and the suspension of their deportation, state that the Attorney General “may” grant these forms of relief. In considering applications for such relief, then, the Attorney General exercises powers of discretion. In addition to these powers granted by statute, the Attorney General, by regulation, has also established the discretionary relief of “preexamination.” See 8 C.F.R. 142. He has delegated all of these discretionary powers to the Commissioner of Immigration and Naturalization and to the Board of…
2Cases cited5 opinions
- Boske v. ComingoreSupreme Court of the United States · 1900
- Wilbur v. United States Ex Rel. KadrieSupreme Court of the United States · 1930
- Caha v. United StatesSupreme Court of the United States · 1894
- Schwab v. ColemanCourt of Appeals for the Fourth Circuit · 1944
- United States Ex Rel. Weddeke v. WatkinsCourt of Appeals for the Second Circuit · 1948
3Cited by43 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Wong Wing Hang v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1966
- N.A.A.C.P., Boston Chapter v. Secretary of Housing and Urban DevelopmentCourt of Appeals for the First Circuit · 1987
- Yue Yu v. BrownDistrict Court, D. New Mexico · 1999
- Fook Hong Mak v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1970
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