Connor v. Miller

Petitioner, an alien whose appeal from an order for his deportation has been dismissed by the Board of Immigration Appeals, but who has not been taken into custody, asks us now to decide the question reserved for this Circuit in Azzollini v. Watkins, 2 Cir., 172 F.2d 897, as to the reviewability of such an order by direct petition under Administrative Procedure Act, § 10, 5 U.S.C.A. § 1009. It is provided in 8 U.S.C.A. § 155(a), however, that the decision of the Attorney General for deportation “shall be final”; and the District Court has determined that the petitioner’s rights are limited to…