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181 F.2d 492

Docket No. 12174.

Yanish v. Barber

Ninth Circuit Court of Appeals

Decided April 24, 1950.

Ninth Circuit Court of Appeals · decided 1950-04-24

Cited by 10 later decisions — most recently January 1967

6 federal appellate · 1 district ·

2 counsel of record

Applies 5 U.S.C. § 1001

Relies on Wong Yang Sung v. McGrath · 86 F. Supp. 461 - Yanish v. Phelan

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1950-04-24

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¶1See also 86 F.’Supp. 461.

¶2Gladstein, Andersen, Resner & Sawyer, Lloyd E. McMurray, San Francisco, Cal., i'or appellants. ■

¶3Frank J. Hennessy, U. S. Attorney, Edgar R. Bonsall, San Francisco, Cal., (L. E. Gowen, Asst. Adjudications Officer, Imm. & Nat. Service, on the brief), for appellee.

¶4Before HEALY and BONE, Circuit Judges and HALL, District Judge,

¶5PER CURIAM. '' ’

¶6It appears that since the decision in Wong Yang Sung v. McGrath, 339 U.S. 33, 70 S.Ct. 445, holding the Administrative Procedure Act, 5 U.S.C.A. § 1001 et seq., applicable to deportation proceedings, the regulations of the Department in respect of such proceedings have been amended to conform to that decision. Consult Federal Register, Vol. 15, No. 47, pp. 1298-1302. These regulations, as we understand them, are applicable to proceedings inaugurated prior as well as subsequent to the effective date of the Administrative Procedure Act, no exceptions appearing therein.

¶7The judgment in this case is accordingly reversed and the cause remanded with instructions to grant the relief prayed for in the complaint, or if that course is found to. be unnecessary to make such other disposition of the cause as may be appropriate.

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