Legal Opinion

United States ex rel. Walther v. District Director of Immigration & Naturalization

Court of Appeals for the Second Circuit

Decided June 20, 1949No. 2631, Docket 21350PublishedCited by 20 opinions

1Opinion of the Court

FRANK, Circuit Judge.

1. Putting to one side for a moment Section 724a, the Attorney General’s action under Section 155(c) would be.final. The word “may” in that section confers discretionary unresviewable power.

2. But Section 724a was enacted before appellant’s deportation. Appellee, on oral argument in this court, did not dispute appellant’s contention that that section removes an illegal entry as a barrier to naturalization. We do not now so decide. But we think that that question should be canvassed in the naturalization proceedings. If that section is held to remove that barrier, and if…

2Cited by20 opinions

  1. United States Ex Rel. Kaloudis v. ShaughnessyCourt of Appeals for the Second Circuit · 1950
  2. Shomberg v. United StatesSupreme Court of the United States · 1955
  3. United States Ex Rel. Jankowski v. ShaughnessyCourt of Appeals for the Second Circuit · 1951
  4. Sleddens v. ShaughnessyCourt of Appeals for the Second Circuit · 1949
  5. Nor-Am Agricultural Products, Inc. v. HardinCourt of Appeals for the Seventh Circuit · 1970

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