Barber v. Yanish

In October of 1948, appellee aliens filed a complaint in the District Court praying that appellant be enjoined from proceeding with deportation hearings against appellees except in accordance with the provisions of sections 5, 7 and 8 of the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq.

The court below granted appellant’s motion to dismiss the complaint upon the ground that the Administrative Procedure Act, by its terms, was inapplicable to deportation proceedings, Appellees appealed. While the appeal was pending, the Supreme Court ruled that the Administrative Procedure Act was…