Azzollini v. Watkins

FRANK, Circuit Judge.

Until the enactment of the Administrative Procedure Act of 1946, it was clear that habeas corpus was the only procedure by which deportation proceedings could be reviewed. Imperiale v. Perkins, 62 App. D.C. 279, 66 F.2d 805; Kabadian v. Doak, 62 App.D.C. 114, 65 F.2d 202; Sibray v. United States, 3 Cir., 185 F. 401. Petitioner contends that § 10 of the Administrative Procedure Act, 5 U.S.C.A. § 1009, authorizes review by means of this petition to review, even though he is not now in custody. The Court of Appeals for the Third Circuit so held in United States ex rel…