FOSTER

v.

HUDSPETH, WARDEN

Citator

Cited By

• Fed. Broad. Sys., Inc. v. Fed. Commc'ns Comm'n, 225 F.2d 560 (D.C. Cir. 1955)
  …solution of this obstacle, even assuming that it knew of it.12 The cases relied on by appellant do not lead to a different conclusion. United States ex rel. Knauff v. McGrath, 2 Cir., 1950, 181 F. 2d 839, dismissed as moot, Knauff v. McGrath, 1951, 340 U.S. 940, 71 S.Ct. 504, 95 L.Ed. 678, involved an administrative denial of a stay of deportation. It was deemed proven for purposes of decision on appeal that in .all instances without exception such a stay was granted pending congressional action, once a bi…
• United States ex rel. Accardi v. Shaughnessy, 206 F.2d 897 (2d Cir. 1953)
  …rime necessarily depends upon the circumsiances of the particular case. No two cases can be precisely similar. The appellant tries to bring himself within the scope of United States ex rel. Knauff v. .McGrath, 2 Cir., 181 F. 2d 839, vacated as moot, 340 U.S. 940, 71 S.Ct. 504, 95 L.Ed. 678, where it was alleged that the uniform practice was to defer deportation in all cases where a bill of relief was pending in Congress. There the uniform practice was a provable fact. It is not such when, as here, the alleg…
• United States ex rel. Grigorios Stellas v. Esperdy, 366 F.2d 266 (2d Cir. 1966)
  …nion quoted that at least if the class created is susceptible of rational differentiation, then there is an exercise of discretion in following the rule. And in United States ex rel. Knauff v. McGrath, 181 F. 2d 839 (2d Cir. 1950), vacated as moot, 340 U.S. 940, 71 S.Ct. 504, 95 L.Ed. 678 (1951), the court came to a similar conclusion. The statute there provided for deportation “unless in the opinion of the Attorney General immediate deportation is not practicable or proper.” The INS admitted that when a p…