FRIEDRICH KARL BERGHOEFER, APPELLANT,
v.
C. W. JOHNSON, DISTRICT DIRECTOR, U. S. DEPT. OF JUSTICE, BUREAU OF IMMIGRATION AND NATURALIZATION, NEW ORLEANS, LA., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the regulation does not authorize a current special inquiry officer to reopen a prior, completed, and unappealed deportation proceeding.
Appellant sought to reopen a prior deportation proceeding to apply for voluntary departure nunc pro tunc. The trial court dismissed his suit for decla…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Deportation Proceedings cases and more on FLexlaw
PER CURIAM.
The judgment of the trial court dismissing appellant’s suit for declaratory judgment is affirmed. United States ex rel. Steffner v. Carmichael, 5 Cir., 183 F. 2d 19; United States ex rel. Koehler v. Corsi, 2 Cir., 60 F. 2d 123.
Appellant attacks an order of deportation by asserting that the District Director should have reopened an earlier-' deportation proceeding and should have-granted him leave to apply for voluntary-departure nunc pro tunc. He relies on the regulation published at 8 C.F.R.. 103.5, which provides:
“A proceeding provided for in this chapter may be reopened or the-decision made therein reconsidered for proper cause upon motion made by the party affected and granted by the officer who has jurisdiction over the proceeding or who made the decision * * * ”
There is nothing in this regulation-to authorize the special inquiry officer in this current deportation proceeding to reopen the earlier completed deportation proceeding, which was not appealed from. The judgment is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States ex rel. Steffner v. Carmichael, 183 F.2d 19 (5th Cir. 1950)
- United States ex rel. Koehler v. Corsi, 60 F.2d 123 (2d Cir. 1932)