Regan v. Papagianakis

Fourth Circuit

Regan v. Papagianakis

180 F.2d 888, 1950 U.S. App. LEXIS 2516

CourtCourt of Appeals for the Fourth Circuit

DecidedMarch 10, 1950

Docket5998

StatusPublished

Cited by1 cases

This text of 180 F.2d 888 (Regan v. Papagianakis) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Regan v. Papagianakis, 180 F.2d 888, 1950 U.S. App. LEXIS 2516 (4th Cir. 1950).

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Opinion

PER CURIAM.

This is an appeal from an order of the court below in a habeas corpus proceeding directing that an alien seaman be discharged from the custody of the United States Immigration Inspector at Norfolk, Virginia. The order of the court was based upon a finding by the judge that the order of the Immigration Inspector was not supported by substantial evidence. We think that the finding of the judge was unquestionably correct; and it therefore becomes unnecessary to decide whether the order of the Immigration Inspector was not void on the additional ground that there was failure to comply with the requirements of the Administrative Procedure Act, which would seem to be applicable under the principles laid down by the Supreme Court in Wong Yang Sung v. McGrath, 70 S.Ct. 445.

Affirmed.

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PER CURIAM.

This is an appeal from an order of the court below in a habeas corpus proceeding directing that an alien seaman be discharged from the custody of the United States Immigration Inspector at Norfolk, Virginia. The order of the court was based upon a finding by the judge that the order of the Immigration Inspector was not supported by substantial evidence. We think that the finding of the judge was unquestionably correct; and it therefore becomes unnecessary to decide whether the order of the Immigration Inspector was not void on the additional ground that there was failure to comply with the requirements of the Administrative Procedure Act, which would seem to be applicable under the principles laid down by the Supreme Court in Wong Yang Sung v. McGrath, 70 S.Ct. 445.

Affirmed.

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180 F.2d 888, 1950 U.S. App. LEXIS 2516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/regan-v-papagianakis-ca4-1950.

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