James Joseph Crain v. John P. Boyd, District Director, Immigration and Naturalization Service

James Joseph Crain or Cryan or Crane, is under an order of deportation from the United States, and his liberty is restrained by John P. Boyd, Director of Immigration and Naturalization.

He is appealing here from the district court’s order discharging an order to show cause issued upon his petition for the issuance of the writ of habeas corpus, and dismissing his petition for declaratory and injunctive relief. The petition was filed February 4, 1953, or after the effective date of the Immigration and Naturalization Act of 1952. 1

The district court dismissed the complaint for such review under its ruling that the review other than that requested by the petition for the writ of habeas corpus is “deficient for lack of an indispensable party, the Assistant Commissioner of Immigration and Naturalization Service, or the Attorney General.” In this the court erred. Shaughnessy v. Pedreiro, 1955, 349 U.S. 48 , 75 S.Ct. 591 , 99 L.Ed. 868 . There was room for difference of opinion until the decision in the cited case. See the dissents in it.

The order to show cause was discharged and the proceedings dismissed upon the merits after a hearing.

The court issued a show cause order directed…

(concurring),

Judge STEPHENS has written» an able opinion in which he finds that all that appellant claimed was within the limits of habeas corpus. That is a proper ground for disposition of the case. However, we hold a second ground for disposition of the case, upon which we also stand, is that, while the 1952 Act. imposes some limitations on the scope of review under any type of proceeding, yet in our judgment for the purpose of deportation proceedings the sweep or the' search of habeas corpus and complaint for declaratory relief is the same. That is to say, with limitations on both, anything can be presented now in habeas corpus on a deportation review that could be presented by a complaint for declaratory relief.

The foregoing, of course, does not bind Judge STEPHENS.

237 F.2d 927 James Joseph CRAIN, Appellant, v. John P. BOYD, District Director, Immigration and Naturalization Service, Appellee. No. 14633. United States Court of Appeals Ninth Circuit. Aug. 4, 1956. John Caughlan, Seattle, Wash., for appellant. Charles P. Moriarty, U.S. Atty., Frank N. Cushman, William Helsell, Asst. U.S. Attys., Seattle, Wash., for appellee. Before STEPHENS, FEE, and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 James Joseph Crain or Cryan or Crane, is under an order of deportation from the United States, and his liberty is restrained by John P. Boyd, Director of Immigration and Naturalization. 2 He is appealing here from the district court's order discharging an order to show cause issued upon his petition for the issuance of the writ of habeas corpus, and dismissing his petition for declaratory and injunctive relief. The petition was filed February 4, 1953, or after the effective date of the Immigration and Naturalization Act of 1952. 1 3 The district court dismissed the complaint for such review under its ruling that the review other than that requested by the petition for the writ of habeas corpus is 'deficient for lack of an indispensable party, the…