Ex parte Mota Singh Chohan

Petitioner is an alien who is attacking an administrative order for deportation on the sole ground that he has been denied due process of law by reason of an abuse of discretion by the Immigration authorities. Petitioner applied for suspension of deportation under 8 U.S.C.A. § 155 (c). 1 This was denied on the basis of “confidential information.” The Immigration authorities did not disclose to petitioner the nature of the information. Therefore he had no opportunity to deny or answer it.

In seeking suspension of deportation petitioner appealed to the Board of Immigration Appeals from the adverse decision of the special inquiry officer. In the exercise of statutory discretion, the Appeal Board affirmed on the basis of confidential information. The question for decision is whether this Court, in an application for habeas corpus, may review the discretion of the Attorney General, as exercised herein.

Under 8 U.S.C.A. § 155 (c) an alien is eligible for suspension of deportation if the Attorney General finds (a) that deportation would result in serious economic detriment to a citizen * * * or minor child of such deportable alien; (b) that such alien has resided continually in the…