BENTSEN ET AL.
v.
BLACKWELL ET AL.

U.S. | 1954-01-11
No. 423
346 U.S. 929 Supreme Court of the United States (1954) Positive Treatment
Cited by 3 cases

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  • …C.Cir.1953) (detention of alien seeking judicial review of deportation order was improper when Attorney General made no showing that the alien would abscond or engage in subversive or criminal activity), aff'd per curiam by an equally divided court, 346 U.S. 929, 74 S.Ct. 319, 98 L.Ed. 421 (1954). See also O’Rourke v. Warden, 539 F.Supp. 1131, 1137 (S.D.N.Y.1982) (court should review whether agency’s decision to deny bail is supported by or has reasonable foundation in the record). In conformity with these…
  • Doherty v. Thornburgh, 943 F.2d 204 (2d Cir. 1991)
    …continuing decision to detain him. Cf. Rubinstein v. Brownell, 206 F. 2d 449, 456 (D.C.Cir.1953) (revocation of bail after final deportation order and pending judicial review improper where “no suggestion that [detainee] will flee or hide”), aff'd, 346 U.S. 929, 74 S.Ct. 319, 98 L.Ed. 421 (1954). Although Doherty does not appear to pose any direct threat to individual citizens, we already have noted that, due to his PIRA affiliation, he may constitute a more general threat to national security, see Doher…
  • LIM Fong v. Brownell, Jr., 215 F.2d 683 (D.C. Cir. 1954)
    …ion to restrain their apprehension and deportation, and dismissing their complaint. If the dismissal was upon jurisdictional grounds it was erroneous. Rubinstein v. Brownell, 92 U.S.App.D.C. 328, 206 F. 2d 449, affirmed by an equally divided court, 346 U.S. 929, 74 S.Ct. 319. The factual difference that in Rubinstein the attack was upon the determination of the Attorney General that Rubinstein was deportable, whereas here deportability is conceded and the only attack is upon the Attorney General’s decision…

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