443 F.2d 917 - Mary Marie Agosto v. John P. Boyd, Etc. — 443 F.2d 917

How this case has been cited

Cited by 40 later decisions — most recently October 2018 · most notably United States v. Peña (1991), United States v. McCracken (1974)

20 federal appellate · 3 district · 11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Robert G. Kerr (argued), Tacoma, Wash., for plaintiffs-appellants.

Paul S. Fenton (argued), Albert E. Stephan, Asst. U.S. Attys., Stan Pitkin, U.S. Atty., Seattle, Wash., for defendants-appellees.

Before BROWNING, HUFSTEDLER, and CHOY, Circuit Judges.

PER CURIAM:

¶1

The wife and minor children of Vincent Pianetti (also known as Vincent Agosto) appeal from a judgment entered following an order of the district court dismissing their complaint in which appellants sought an order permitting them to intervene in deportation proceedings against Vincent pending before the United States Immigration and Naturalization Service. The court dismissed the complaint on the grounds of want of jurisdiction and of want of standing.

¶2

There is neither statutory nor decisional authority permitting district courts to entertain actions by the relatives of aliens to intervene in pending deportation proceedings. We decline to create such jurisdiction. We discover no basis for conferring standing upon the relatives of an alien to intervene in pending deportation proceedings. (See Swartz v. Rogers (1958)103 U.S.App.D.C 1, 254 F.2d 338, 339.)

¶3

The judgment is affirmed.