Lavdas v. Holland

KIRKPATRICK, Chief Judge.(1) I think that the rationale of the decision of the Supreme Court in Shaughnessy v. Pedreiro, 349 U.S. 48, 75 S.Ct. 591, 98 L.Ed. 868, leads, in this case, to the conclusion that neither the Commissioner of Immigration and Naturalization nor the Attorney General is an indispensable party in a proceeding of this nature and that the petition for a judicial review and permanent restraining order, naming the District Director who issued the deportation order complained of by the petitioner, as the defendant, was proper.(2) The deportation order was issued after the…