UNITED STATES ex rel. ACCARDI v. SHAUGHNESSY, DISTRICT DIRECTOR OF THE IMMIGRATION AND NATURALIZATION SERVICE (347 U.S. 260)
U.S. Supreme Court · decided March 15, 1954 · Supreme Court Database (Spaeth)
- Citation
- 347 U.S. 260 · 74 S. Ct. 499
- Docket
- No. 366
- Argued
- February 2, 1954
- Decided
- March 15, 1954
- Term
- October Term 1953
- Vote
- 5–4
- Majority author
- Justice Clark
- Issue area
- Civil Rights
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Liberal
How the Justices voted
- Majority
- Chief Justice Warren, Justice Black, Justice Douglas, Justice Clark (wrote), Justice Frankfurter
- Dissenting
- Justice Burton, Justice Reed, Justice Minton, Justice R. H. Jackson (wrote)
Opinion excerpt
Mr. Justice Clark delivered the opinion of the Court. This is a habeas corpus action in which the petitioner attacks the validity of the denial of his application for suspension of deportation under the provisions of § 19 (c) of the Immigration Act of 1917. Admittedly deport-able, the petitioner alleged, among other things, that the denial of his application by the Board of Immigration Appeals was prejudged through the issuance by the Attorney General in 1952, prior to the Board’s decision, of a confidential list of “unsavory characters’-’ including petitioner’s name, which made it impossible for him “to secure fair consideration of his case.” The District Judge refused the offer of proof, denying the writ on the allegations of the petitioner without written opinion. A divided panel of the Court of Appeals for the Second Circuit affirmed. 206 F. 2d 897. We granted certiorari. 346 U. S. 884. The Justice Department’s immigration file on petitioner reveals the following relevant facts. He was born in Italy of Italian parents in 1909 and entered the United States by train from Canada in 1932 without immigration inspection and without an immigration visa. This entry clearly falls under § 14 of the Immigration Act of 1924 and is the uncontested ground for deportation. The deportation proceedings against him began in 1947. In 1948 he applied for suspension of deportation pursuant to…
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