UNITED STATES ATTORNEYS BULLETIN - justice.gov · stated that among the steps the Department has...
Transcript of UNITED STATES ATTORNEYS BULLETIN - justice.gov · stated that among the steps the Department has...
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UNITED STATES ATTORNEYS BULLETIN
Vol September 14 1953 No
United States Attorneys
Following are the correct addresses for the United States
Attorneys offices in the districts designated
District Headquarters
Florida southern P0 Box 928
Miami Florida
Tennessee eastern 201 Federal Building
Knoxville Tennessee
Tennessee middle 879 .5 Court House
Nashville Tennessee
United States Attorneys are located in United States Post Office
Buildings unless otherwise indicated
The cooperation of the United States Attorneys offices
in acknowledging receipt of the United States Attorneys Manual has
been most helpful Approximately three-fourths of the districts
have sent in receipts The remaining districts which have not sent
in receipts are urged to do so as promptly as possible
In speech prepared for delivery before the American Bar
Association in Boston Massachusetts on August 27 1953 the AttorneyGeneral discussed the substantial Increase in the incidence of crime
in recent years and the law enforcement problems which such increase
poses In describing the forces underlying this increase he emphasized the need for revised laws and enforcement techniques to meet
the chafl.e3ge of highly organized racketeering and gangsterism which
operate through powerful criminal syndicates The Attorney Generastated that among the steps the Department has taken to eliminate the
social evils of racketeering and gangsterism are the vigorous enforce-
merit of the SlOt Machine Act which prohibits the transportation of
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gambling devices in interstate commerce the endorsement of legislative proposal which would prohibit the interstate transmission of
gambling information the speedy denaturalization and deportation of
gangsters and racketeers who are aliens or who have derivative citizen-
ship and the study of ways and means of strengthening the tax lawsin order that they may bee cane potent weapon In the drive on organizedcrime
In referring to the latter study Mr Brownell describedthe abuse to which the plea of nob contendere has been put in criminab cases particularly tax cases He pointed out that as practical matter the plea accomplishes little in the ordinary case andthat the defendant after pleading nob contendere may deny all of the
facts in criminal indictment and the Government still must prove Its
case in civil litigation which usually follows The Attorney Generalstated his belief that the use of this plea must be discouraged and
that accordingly he had instructed the United States Attorneys to
consent to its entry only in the most unusual circumstances and then
only after approval by the Assistant Attorney General in charge or bythe Office of the Attorney General
____Another topic touched upon by the Attorney General was the
need for invigorating the enforcement of the conflict of intereststatutes which have fallen into desuetude in recent years In particular he singled out Section 284 of the Federal Criminal Code whichmakes it felony for any employee within two years after leaving theGovernment servi..e to act as counsel attorney or agent in prosecuting any claim against the United States involving any subject matterwith which he was directly connected when employed He construed the
statute as disqualifying former employees for period of two yearsfrom representing parties In any capacity with respect to all matters
in which the United States is Interested and with which the individualhad official connection when employed by the Government and as encom
.3 passing monetary and non-monetary claims and claims which seek affirmative relief against the Government as well as claims asserted to defeat
claims made by the Government The Attorney General stated that the
United States Attorneys had been advised of this broad construction of
the statute and had been instructed to prosecute all violations of
Section 284 as thus construed
Mr Brownell also described the recently adopted Federal
employee security procedures which have been designed to meet the
problem of Communist Infiltration Into Government In stating his
belief that the new procedures assure fair treatment to all accused
of disloyalty he pointed out that the hearing procedures have been
broadened both for accused individuals and for organizations designated as Communist or subversive and that such designation of an
organization Is preceded by the most thorough investigation and studyof all of the evidence
In concluding his remarks the Attorney General called uponthe organized bar and law enforcement agencies for their cooperationin the enforcement of the new steps which the Department has determined to take as its part in the battle against organized crime
Thomas Schneider of Washington has been
appointed as First Assistant to Assistant Attorney General StanleyBarnes Antitrust Division Mr Schneider will assist Mr Barnes
in the genera supervision of the Division and in connection withhis activities as Co-Chairman of the Attorney Generals NationalCcznrnittee to Study the Antitrust Laws Mr Schneider was born in
____ Cedar Hill Tennessee and received an A.B degree from the University of the South in 1917 and an LL.B degree from Harvard Law
School in 1925 He was an instructor In law at the United States
Military Academy West Point from 1927 to 1930 and was with the
law firm of Pitney Hardin and Ward Newark New Jersey from 1930to 19314 He served as Chief of the Legal Section of the Reconstruction
_________ Finance Corporation Washington from 1935 to 1936 and as AgencyCounsel of the New York Loan Agency of the R.F .C from 1937 to September1911.2 when he went with Standard Brands Incorporated as General Counsel
Mr Schneider re-entered Government service in 19149 asconsultant to the Munitions Board of the Defense Department In
1950 he became Chairman of the Personnel Policy Board of the Department of Defense and in January 1952 Assistant Secretary of CommerceIn charge of International Affairs He was member of the PresidentsMission to Europe to study business and economic conditions in the fail
of 1952 Mr Schneider served as an officer of the Regular Army from
1917 to December 1929 He was with an artlllorj regiment in France
during World War and served as personal aide to General Pershingfor five years
George Leonard of Tuckahoe New York has been appointedas First Assistant to Assistant Attorney General Warren BurgerCivil Division Mr Leonard was born in Washington and received an degree from Columbia University In 1939 and an LL
degree in 1911.1 from Columbia Law School He became associated in
19141 with the law firm of Craveth Swaine Moore in New York andhas remained with it continuously except for wartime service Heentered the Naval Reserve in 19142 and served on the staff of CINCPOAPearl Harbor T.H until October 191411 when he was transferred to
Washington Awarded Bronze Star and Distinguished Unit Citation
tr trT .d-trr .tL
as veil as various campaign ribbons be presently is CcsmiAnder in
the Naval Reserve and crrnding off icer of Volunteer Training
____ Unit in Air Cnbat Intelligence Mr Leonard is member of the
Association of the Bar of the City of New York and served on itÆ
Coimuittee on Courts of Superior Jurisdiction 1950-1953
4J
ICCRIMINAL DIVISION
Assistant Attorney General Warren Olney III
NEW LEGISLATION RELATING 10 INDIANS
Conferring Jurisdiction on States in Criminal and Clvii Caseson Indian Reservations Public Law 250 83d Congress lBt Sessionapproved on August 15 1953 provides tlmt new section 1162 be added
to Title 18 U.S.C which relinquishes to the State of California theState of Minnesota except the Red Lake Reservation the States of Nebraskathe State of Oregon except the Warm Springs Reservation and the State of
Wisconsin except the Menominee Reservation criminal jurisdiction over
offenses committed by or against Indians in the areas of the Indian
country to the same ectent as these states have jurisdiction to prosecuteoffenses committed elsewhere within the state Sections 1152 and 1153Title 18 U.S.C are no longer applicable to the Indian country of these
states except the Indian Reservations specifically mentioned in the law
The rights privileges and immunities afforded the Indiana
under federal law treaty or agreement with respect to hunting trappingand fishing are secured and protected by the Act as are their real and
personal property rights in regard to alienation encumbrance or taxation so long as their properties are held in trust by the United Statesor are subject to restriction against alienation imposed by theUnited States
new section 1360 is also added to Title 28 whichmakes the civil laws of the aforementioned states that are of generalapplication to private persons similarly applicable to Indians exceptas to those Indians residing in the previously designated IndianReservations
The Act also grants the consent of the United States to stateswhere necessary to amend their Constitutions or existing statutes sothat these states may along with other states assume the jurisdictionrelinquished by the federal government in this Act at such time and insuch manner as the people of these states shall by affirmative legislation obligate and bind the state to the assumption thereof
Terminating Certain Federal Restrictions Upon Indians PublicLaw 281 83d Congress 1st Session approved August .15 1953 repealssection 265 Title 25 U.S.C which forbade persons other than Indiansto purchase or acquire from Indians guns traps cooking utensils etcwithin Indian country and also repeals section 266 Title 25 U.S.Cwhich related to the sale of armng and ammunition to hostile Indians
Section 1157 Title 18 U.S.C relating to the sale or transfer of livestock in the possess ion or control of restricted Indiana isamended by the Act so as to limit its applicability to livestock purchased by or for Indians with funds provided from the revolving loan
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fund established by Congress in the Acts of June 18 l931i li.8 Stat 9811
and June 26 1936 11.9 Stat 1967 as amended or from regulated tribal
loan funds and to livestock issued to Indians as loans repayable inkind and to the increase of all such livestock and only until such
time as the loans are repaid Under this law it is the duty of anypurchaser to exercise reasonable diligence to ascertain that the livestock are not subject to such loans
Section 195 Title 25 U.S.C which prohibited the sale of
cattle purchased by the government for Indiana to persons other than
Indians of the same tribe is also repealed
Indian Liquor Laws Application of Indian Liquor LawsAmendment of Title 18 United States Code On August 15 1953 the
President signed 1055 83d Congress 1st Session Public Law 277amending chapter 53 of Title 18 regarding the application of
Indian liquor laws On and after that day the provisions of 18 U.S.C
11511 1156 3113 311.88 and 3618 no longer apply to acts and transactiona occurring outside of Indian country This means that sales of
liquor made outside of Indian country to the Indians specified in
18 11511 are no longer prohibited or penalized by the above-cited
sections However these sections still apply to acts and transactions ____within Indian country and will continue to apply unless anduntil such
acts or transactions are in conformity both with the laws of the state
within which they are committed and with an ordinance of the tribe hay-
lug jurisdiction over such area of Indian country which ordinance has
been c5uly published in the Federal Register Thus these sections of
law still apply to acts or transactiOns occurring within Indian countryunless permittea both by the state law and by tribal ordinance
This law also permits the people of Arizona and New Mexico to
repeal the provisos in their respective state constitutions relative to
liquor so as to enable these states to adopt laws and the Indian tribes
located therein to adopt ordinances which would render the above-cited
sections of law inapplicable to acts or transactions within the area of
Indian country affected thereby
This law has no retroactive proviso Hence prosecutions for
violations which occurred prior to August15 1953 may be had The
policy to be followed respecting Indian liquor law violations Is under
consideration and will be included in subsequent issue of the Bulletin
Meanwhile it Is suggested that the several United States Attorneys in
the districts affected by this new law familiarize themselves with the
laws Of their particular state relative to the sale and traffic in
liquor and the terms of any tribal ordinance respecting such sale ana
traffic so as to be in position to determine whether the above
sections apply in given instance Also it should be borne in mind
that the above law does not affect any liability which has been or hereafter may be incurred under the Internal Revenue laws relative to the
manufacture of and traffic in liquor
ScNARCOTICS LEG ISLAION
____ Definition of Narcotic Drugs Description of Drugs in Indictment
and Information By Public Law 2i4.O 83d Congress 1st Session E.R 5561which was approved on August 1953 the definition of narcotic drugs
within the meaning of the internal revenue laws and the Narcotic Drugs
Import and Export Act was amended and placed in Section 3228 26 Usc 3228by adding new subsection thereto This new subsection now reads
Narcotic Drugs The words narcotic drugsas used in this part and subchapter of chapter 23shall mean any of the following whether produced
directly or indirectly by extraction from substances
of vegetable origin or independently by means of
chemical synthesis or by combination of extraction and chemical synthesis
Opium isonipecaine coca leaves and opiate
Any compound manufacture salt derivative
or preparation of opium isonipecaine coca leavesor opiate
Any substance and any compound manufacture
salt derivative or preparation thereof which is
1T chemically identical with any of the substances
referred to in clauses and
The definitions of isonipecaine and opiate remain in subsection 3228eand respectively as to internal revenue lava These definitions byamendment of the Narcotic Drugs ort and Export Act 21 USC 171a are
to apply to these drugs within the meaning of that Act To accomplish the
purpose of this new law there also were included technical amendments of
Sections 2550a 2558b 256Z4.b 3220 3222cl and 3228e and
and as stated above 21 USC 171a
The principal object of this new law is to include within the
definition of narcotic drugs synthetic drugs having the same properties
as opium and coca leaves and their derivatives It is possible at this
time to synthetically produce drugs chemically identical with the derivatives of opium and coca leaves although so far the processes are too expensive to be commercially practical Nevertheless the threat exista
It is requested that the description of the narcotic drugs to
be included in indictments and criminal informationa based on violations
occurring ter Ast 1953 should eliminate the phrases deny
.ctive of opium or derivative of coca leaves and shou.d describe the
drug as narcotic drug to wit 10 grains of heroin or morphine or
cocaine etc as the case may be Whether the drug is synthetic product or derivative from the natural source is no longer of importance
SUBVERSIVE ACTIVITIES
___ Smith Act Peacetime Sedition-Conspiracr to Violate United
States Stephen Mesarosh et Pa In this case after
prolonged trial which commenced on March 1953 five leaders of the
Ccmmiunist Party were convicted on August 20 1953 of violating 18 U.S.C371 by conspiring to violate 18 U.S.C 2385 An indictment was returned
on January 18 1952 charging that the defendants conspired to teach
and advocate the overthrow and destruction of the Government by force and
violence as speedily as circumstances would permit and to organize
and help to organize the Communist Party U.S.A as group to teach and
advocate the overthrow and destruction of the Government by force and
violence in the foregoing manner On August 25 1953 Judge Rabe
Marsh Jr sentenced all of the defendants Stephen Mesa.roah better
known as Steve Nelson Benjamin Careathers William Albertaon James Dolsen
and Irving Weisaman to five years imprisonment The trial of the sixth
TT defendant Andrew Onda was severed because of illness
This case represents the successful completion of six Smith
Act trials Since the inception of this program ninety-four Communist
____Party functionaries have been indicted for this offense Including the
five Communist Party leaders who were found guilty in this case there
have been fifty-six convictions to date Smith Act trial is currentlyin progress at Seattle Washington and similar prosecutions are pending
____ at St Louis Missouri Detroit Michigan and Philadelphia Pennsylvania
Staff Former United States Attorney Edward Boyle presently
Special Assistant to the Attorney General for this case Irwin SwissAssistant United States Attorney and William Hundley and Richard
Alfriend III Criminal Division
LIQUOR REVENUE
Refilling of Indicia Btles in Violation of Sections 2871
2908 Internal Revenue Code Representatives of the Internal Revenue
Service have called attention to the growing number of violations in
retail liquor dealer establishments through the unlawful refilling of
bottles of distilled spirits bearing labels of choice liquor with cheaper
brands of liquor or through other adulteration methods Very little
fraud on the revenue if any Is Involved Inasmuch as the liquor used
In the refilling Is usually tax-paid However the public definitely is
defrauded by such practices It has been indicated that in many instances
prosecutions have been declined by United States Attorneys becausesuch cases were considered to be petty in view of the fact that there
is no loss in revenue Càoperation with state licensing authorities bythe Alcohol and Tobacco Tax Division has been effective to curb this
practice in some states but this is reported as not being true in manyothers It is believed that the vigorous and successful prosecution of
the more flagrant violators would soon have salutory effect In
districts where such violations are reported with comparative frequencyUnited States Attorneys are urged to prosecute those cases in which the
evidence is adequate and the violations were deliberate and- flagrant
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___ TAX DIVISION
Assistant Attorney Genera Brian Holland
Refund Suit -- Deductibility of Support PaymentsIncident to Divorce Decree Stewart Rothensies E.D PaUp until about year ago the courts had uniformly held that
whether separation agreement under which support payments were
being made to divorced wife was incident to her divorce was
question of fact The statutory expression incident to in
Section 22k of the Code was held to relate to whether the
parties or either of them had contemplated or anticipateddivorce at the tiine the agreement was entered into In other
words the state of mind of the parties was regarded by the
courts as the controlling factor in determining whether the agreeinent was Incident to the divorce However within the past year
three appellate d.eclBions rendered by three different United
States courts of appeal have apparently cast some doubt on this
contemplation requirement by pointing out that the terms of the
agreement itself may provide the necessary evidence But these
____ decisions have not flatly stated that the statutory expressionIncident to In Section 22k is no longer to be regarded as
question of fact although such implication would appear to exist
in their holdings In order therefore to define the limits of
such appellate decisions the Tax Division recently undertook to
argue on motion for summary judgment in the District Court at
Philadelphia that the determination of whether separation agreement was Incident to divorce Is question of law and not one of
fact On August 28 1953 the Court granted the Government
motion to dismiss the complaint This matter is significant be-
cause it marks the first instance that the Tax Division has ever
urged that this was matter of law rather than one of fact and
it is the first time that case involving Section 22k has ever
been presented on motion for summary judgment
Staff Clarence Nickm.n Trial Section Tax Division
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Sc
ANTITRUST DIVISION
Assistant Attorney General Stanley Barnes
On August 20 1953 Assistant Attorney General
Stanley Barnes addressed the National Congress of Petroleum
Retailers Inc at its convention in Pittsburgh Pennsylvania
on the subject of Oil and The Antitrust Laws Judge Barnes
reviewed the antitrust litigation which had involved the oil
industry since the passage of the Sherman Act and pointed out
how the growth of the industry had been aided rather than yetarded by such litigation These cases began with the breaking
up of the Standard Oil Trust into 51 separate companieB followed
by decisions dissolving patent pools liberalizing the policies
.1 adopted for the distribution of leaded gasoline breaking up
price fixing conspiracies in various areas outlawing exclusive
dealing and fufl line forcing practices in supplying retailers
_______ and abandonment of production and refining controls by an oil
trade association
Judge Barnes in discussing the pending cases relatingto the petroleum industry revealed that the number of these
cases and the complexity of some of them required the assignment
of 10% of the attorneys now available to the Antitrust Division
He stated that the Division cannot devote disproportionate part
of its staff to investigations and cases in any single industry
no matter how important it may be to persons interested or affected
since it is Impossible to investigate and take action on all complaints received concerning particular industry although all are
catalogued and many are investigated
Copies of the speech are available from the Antitrust
Division Department of Justice Washington 25
Following is the statement made before the Antitrust
Law Section of the American Bar Association in Boston Massachusetts
on August 27 1953 by Assistant Attorney General Stanley Barnes
and Chesterfield Oppenheim on the organization of the AttorneyGeneral National Committee to Study the Antitrust Laws
As announced in an address delivered June 26 the AttorneyGeneral has established National Committee to Study the Antitrust
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Laws appointing Stanley Barnes Assistant Attorney General in chargeof the Antitrust Division and Chesterfield Oppenheim Professor of
Law of the University of Michigan as Co-chairmen of the Committee
The President has approved the Committee as an instrument for
modernizing and strengthening the antitrust laws therefore it is national
in character The Committee will study the major antitrust statutes the
Sherman Act Federal Trade CQxmiission Act Clayton Act including the
Robinson-Patman Act amendment and all of the related Federal antitrust
statutes and special statutory provisions As the prime objective of the
Committee which is study group is to make an evaluation of ou national antitrust policy it is necessary that two basic premises be
accepted The first premise is that fair and effective national antitrust policy is an indispensable non-partisan article of faith of our
political and economic democracy The other Is that private competitive
enterprise is our chief reliance for the kind of an economy we arØdØtermined to keep in flourishing condition
The principal assignment of the Committee Is to arrive at con____ clue Ions and recommendations on what to do about what is already known
about antitrust rather than to act as if it were starting from scratch
to discover what antitrust is all about It is to be accomplished by
pooling of the talents of the informed antitrust minds of this country
The personnel of the Committee will consist of the Working
Group and the Advisory Group The Working Group under the general direction of the Co-Chairman will be s1 group working on the preparation of initial drafts of specific topics or perhaps areas of reportThey will be assisted by staff personnel from Government agencies and
from private souràes The Advisory Group will submit to the Co-Chairman
for reference to the Working Group their views and recoinmendatiors on any
part of the subject matter of the Committee studies They will also
appraise what the Working Group formulates in the draft reports
The members of the Committec consist of practicing lawyerscounsel for all sizes of business firms economists and law teachers
There will be liaison with Government personnel both Houses of Congressand the Federal judiciary Al members are rendering their services
without compensation from the Government
Any private person group or organization interested in ques____ tions in the antitrust field within the subject matter of the Committee
studies will have the privilege of submitting written statements of views
to the Co-Chairmen for reference to the Working Group ThiB material
will be reviewed and analyzed by the Group
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In an address before the Antitrust Law Section of the
American Bar Association in Boston Massachusetts on August 27 1953Assistant Attorney General Stanley Barnes stated that the Government will enforce the antitrust Btatutes equally will seek to sinplify the administration of the statutes and will endeavor to render
assistance to businessmen who act in good faith in attempting to complywith the law
He observed that from his studies and contacts he had come
to the following tentative beliefs First That the Sherman Act and
its thirty odd supplemental or rated laws are the means chosen bythe people of America to confirm and preserve competitive enterprise
existing under limitatione placed on freedom of commercial actionSecond That if there is to be any change with regard to enforcement
it should be accomplished by express legislative enactment Third
That most of the cases filed by the Antitrust Division represent outand-out violations of well-recognized antitrust prohibitions and
Fourth That certain cases brought in the past may or may not be on
the periphery of the law and contemplate possible extensions of legal
theories based upon political or sociological doctrines and belief
Accordingly for the purpose of determining whether there are cases
__ which should be dismissed every one of the 139 cases pending in the
Antitrust Division will continue to be reviewed Before instituting
case the Government will want to know not only that the case is
sound but what will be accomplished by winning it In arriving atdecisions and conclusions no suit will be filed that is not sound
and in the public interest It is hoped that in appropriate casesthe time can be found for around-the -table discussion and explanationbefore any lawsuit is filed
S..-
Authority of Interstate Commerce Commission to Regulateunder 11.9 U.S.C 303 Interstate Commerce Ccmmissionv Allen
Kroblin Incorporated Iowa On June 30 1953 Judge Henry
G1ven held that Section 203 of the Interstate Commerce
Act 11.9 303 denies to the Interstate Commerce
Commission any power to regulate trucks hauling dressed poultry or
eviscerated poultry for hire The Comnission instituted proceedings
.1 to stop the operation The Department of Agriculture as amicus
curiae opposed the Coemission The Department was not party and.
took no part On the same date the Court isØued Its order dismissingthe complaint with prejudice and final judgment was rendered in favor
of the defendant
Section 203b exempts from regulation motor vehicles
used In carrying property consisting of ordinary livestock fish in-cluding shell fish or agricultural including horticultural corn
mod.ities not including manufactured products thereof if such motor
vehicles are not used in carrying any other property or passengersfor compensation
ADMINISTRATIVE DIVISION
Administrative Assistant Attorney Genera Andretta
Reimbursable Services
i4There is general misconception concerning reimbursement
among Government agencies for services rendered by one to anotherThis is particularly true with regard to medical services needed byUnited States Attorneys and furnished by the Public Health Serviceof the Health Ecucation and Welfare Department and Veterans
____ Administration facilities
Department regulations have Btressed the use of Government
physicians and facilities whenever such use is practicable See
page iZi7 Title United States Attorneys Manual Many members ofthe legal staff have assumed that the use of Government facilities is
____ free This is not true as many are learning through the quarterlyallotment of funds system All expenses of this character payablefrom the appropriation Salaries and Expenses United States Attorneysand Marshals under paragraph page l16 Title examination tomake record are chargeable to the United States Attorneys quarterlyallotment Separate Form 25B is no longer required for this expenseSuch services obtained from Government facilities will be billed to youYou are requested to ask the Government activity to submit the voudirect to you and not to the Department in Washington since it viii
only be necessary to forward the voucher to you for payment by theUnited states Marshal
Any expenses payable under paragraph same page examination for purposes of testifying must be supported by separateForm 25B and authorized in advance by the Department
Frequently the expense of obtaining witnesses from foreignareas or military witnesses is on similar reimbursable basis If
the regulations on pages 120 and 122 of Title of the Manual are faithfully followed there will be no difficulty in connection with paymentsFurthermore observance of the regulations may permit the Departmentby negotiation to minimize the expense as was the case recently when
___ $1500 was saved on obtaining one witness from distant point
____15
IMMIGRATION AND NATURALIZATION SERVICE
Commissioner Argyle Mackey
Attorney Generals Deportation and Denaturalization
Program Denial of Suspension of Deportation Accardi
ShaughneEsy .A Joseph Accardi. an alien included in the
Attorney Genera Deportation and Denaturalization Program appliedin deportation proceedings for suspension of deportation His application was denied by bearing officer whose decision thereafter
was affirmed by the Acting Commissioner and the Board of ImmigrationAppeals He brought habeas corpus proceedings challenging the order
denying suspension of deportation on the ground that the AttorneyGeneral had improperly exercised his discretion in considering confidential information in prejudging his case and in refusing relief when aliens similarly situated had been granted such relief
district court order refusing writ of habeas corpus was affirmed
August 1953 by the Court of Appeals Judge Frank dissentingwhich found nothing in the record to substantiate these charges or
to warrant interference by the court with the Attorney Generals
exercise of his discretion Judge Frank favored requiring hearing in which plaintiffs charges could be further explored
Staff Assistant United States Attorney William
Sexton S.D N.Y
Claim by Deportable Alien of Anticipated Physical Persecution Court Review Dolenz Shaughnesay C.A The deportat ion statute authorizes the Attorney General to withhold deportat ion to any country in which in his opinion the alien wouldbe subject to physical persecution Nereo DolŁnz claimed he wouldbe physically persecuted if deported to Yugoslavia This claim was
rejected and the rejection was upheld in previous litigationDolenz Shaughnessy 200 2d 288 1952 cert den 31.5
928 In second habeas corpus proceeding Dolenz urged that
the Attorney General bad acted on extrinsic evidence and without
making sufficient diplomatic inquiries The court of appeals on
August 11 1953 rejected this new attack finding that the AttorneyGeneral was exercising discretionary authority not subject to
judicial review and that it was quite proper for him to rely on
confidential information On August 31 1953 Justice Jackson grantedstay of deportation pending application for certiorari to the
Supreme Court
Staff Assistant United States Attorney WilliamSexton S.D N.Y Robert Erdah ChiefAppeals and Research Section Criminal Division
...
____Action for Trepaas Against Inmiigrat ion Patrol Officer
Taylor Fine S.D Cal Cent Div In an action believed tO be
of first impression damages were sought by the owner of private
property for alleged trespass by immigration- patrol officers enter
ing his land without warrant in order to arrest aliens illegallyin the United States On July 1953 Judge Leon Yankwich dismissed
the action holding that the entry of the border patrol officers on
plaintiffs property was legal and proper and necessary to the performanceof their duties
Staff Assistant United States Attorney Robert
Grean L.A
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