247 F.2d 103 | D.C. Cir. | 1957
Lead Opinion
This is a deportation case, in which the District Court granted the Government’s motion for summary judgment. The facts and the issues involved are stated in Judge McGuire’s memorandum of March 27, 1957, 153 F.Supp. 679, and need not be restated here.
On the principal point of law, we agree with the District Court that the appellant’s conviction of conspiracy (under 18 U.S.C. § 371) to violate the Jones-Miller Act, 21 U.S.C.A. § 174, and the Harrison Narcotic Act, 26 U.S.C. § 2553(a), was a conviction of “a violation of any law or regulation relating to the illicit traffic in narcotic drugs” within the meaning of Section 241(a) (11) of the Immigration and Nationality Act, 66 Stat. 204, 206-207, 8 U.S.C.A. § 1251(a) (11), and that appellant was thus rendered deportable. We also agree with the District Court that the warrant of deportation adequately stated the nature of the crime of which appellant had been convicted.
Appellant further contends that he was not notified that his case had been referred to the Attorney General for review
Accordingly, the judgment of the District Court will be
Affirmed.
. Under 8 C.F.R. 6.1(h) (1953).
. Citing and relying upon Section 292 of the Immigration and Nationality Act, G6 Stat. 235, 8 U.S.C.A. § 1362. Appellant also complains that a copy of the Board’s decision was not served upon him, as required by 8 C.P.R. 6.1(f) (1953). But it appears that he received a copy after the Attorney General had reviewed the Board’s action.
. 8 C.F.R. § 0.1(f).
. See Service v. Dulles, 77 S.Ct. 1352.
Dissenting Opinion
(dissenting).
Under applicable regulations
The integrity of each step in the regulatory scheme for administrative decision was emphasized in United States ex rel. Accardi v. Shaughnessy, 1954, 347 U.S. 260, 74 S.Ct. 499, 98 L.Ed. 681. There the Board of Immigration Appeals, to which the Attorney General had delegated his discretionary power to suspend deportation, under § 19(c) of the Immigration Act of 1917, had denied Accardi’s application for suspension. Accardi appealed on the ground that inclusion of his name on the Attorney General’s list of “unsavory characters” precluded fair consideration of his case by the Board. The Court held that the regulations by which the Attorney General delegated his discretionary authority to the Board forbid him to dictate the Board’s decision, even though, as the dissenting justices pointed out, the Board’s “every decision is subject to his unlimited review and revision.” 347 U.S. at pages 269, 270, 74 S.Ct. at page 504. “In short,” said the Court, “as long as the regulations remain operative, the Attorney General denies himself the right to sidestep the Board or dictate its decision in any manner.” Id., 347 U. S. at page 267, 74 S.Ct. at page 503.
As long as the regulations in the instant case remain operative, the appellant must be afforded the opportunity to defend the Board’s decision in his favor and the Attorney General must fairly consider any argument made. Since appellant was denied the opportunity to defend the Board’s favorable decision before the Attorney General reversed it, the Attorney General’s decision was not made in accordance with law and is therefore fatally defective.