United States Ex Rel. Dolenz v. Shaughnessy

After the statutory provision here in issue was added to 8 U.S.C. § 156 by amendment in 1950, this court construed it to require that “before the appellant can be deported, the Attorney General * * * must find that he will not be subjected to physical persecution in the country to which he is to be sent.” U. S. ex rel. Harisiades v. Shaughnessy, 2 Cir., 187 F.2d 137, 142, affirmed Harisiades v. Shaughnessy, 342 U.S. 580, 72 S.Ct. 512. In so stating, I believe the court was making a reasonable interpretation of the statutory mandate— an interpretation also reached by several district judges.1…