Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc.

Ninth Circuit

Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc.

445 F.2d 321, 1971 U.S. App. LEXIS 8678

Court of Appeals for the Ninth Circuit·Decided August 3, 1971·No. 25140_1·Published·Cited by 2 cases

Opinion

The summary judgment rendered against plaintiff-appellant is reversed. We think this is indicated by In re Ruf-falo (1968), 390 U.S. 544, 88 S.Ct. 1222, 20 L.Ed.2d 117, and Theard v. United States (1957), 354 U.S. 278, 77 S.Ct. 1274, 1 L.Ed.2d 1342. We believe Bogart has a constitutional right to a hearing before the agency before being denied the right to further practice before the agency, department regulations to the contrary notwithstanding.

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The summary judgment rendered against plaintiff-appellant is reversed. We think this is indicated by In re Ruf-falo (1968), 390 U.S. 544, 88 S.Ct. 1222, 20 L.Ed.2d 117, and Theard v. United States (1957), 354 U.S. 278, 77 S.Ct. 1274, 1 L.Ed.2d 1342. We believe Bogart has a constitutional right to a hearing before the agency before being denied the right to further practice before the agency, department regulations to the contrary notwithstanding.

Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc., 445 F.2d 321, 1971 U.S. App. LEXIS 8678 (9th Cir. 1971).

Pincite

445 F.2d 321 (Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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