Gan Seow Tung v. Carusi

HALL, District Judge.

The defendant’s motion to dismiss on the ground that Section 503 of the Nationality Act of 1940, 8 U.S.C.A. § 903, is not available to plaintiff, is not well taken. The statute is a special statute, and is plain and clear in its terms. It can be given effect without an implied repeal of the exclusion acts or the Declaratory Judgment Act, 28 U.S.C.A. §§ 2201, 2202, or any other statutes called to my attention in the brief of the Government. While it may give the courts greater latitude of review than a Writ of Habeas Corpus, it provides no more of a dual system than…