Legal Opinion

Birns v. Commissioner of Immigration and Naturalization

District Court, N.D. Ohio

Decided February 13, 1952No. Civ. 28108, 26084PublishedCited by 7 opinions

1Opinion of the Court

JONES, Chief Judge.

In the above entitled actions for review of deportation orders, defendants move for dismissal. The motions are predicated upon the following grounds: (1) failure to state a claim upon which relief can be granted, (2) lack of jurisdiction over indispensable parties, and (3) lack of jurisdiction to review the orders of the Commissioner of Immigration and Naturalization.

In Civil Action No. 26084, above, it was stipulated -by the parties that the decision in Prince v. Commissioner of Immigration and Naturalization, D.C., 87 F.Supp. 53, “would be applicable and determinative as…

2Cases cited10 opinions

  1. Williams v. FanningSupreme Court of the United States · 1947
  2. Neher v. HarwoodCourt of Appeals for the Ninth Circuit · 1942
  3. Varney v. WarehimeCourt of Appeals for the Sixth Circuit · 1945
  4. Connor v. MillerCourt of Appeals for the Second Circuit · 1949
  5. Jarvis v. Shackelton Inhaler Co.Court of Appeals for the Sixth Circuit · 1943

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3Cited by7 opinions

  1. Estrada v. AhrensCourt of Appeals for the Fifth Circuit · 1961
  2. Paolo v. GarfinkelCourt of Appeals for the Third Circuit · 1952
  3. Pedreiro v. Shaughnessy, District Director of Immigration and NaturalizationCourt of Appeals for the Second Circuit · 1954
  4. De Pinho Vaz v. ShaughnessyDistrict Court, S.D. New York · 1953
  5. Estrada v. AhrensCourt of Appeals for the Fifth Circuit · 1961

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