Speech #850273035

Maritime Administration. and the Atomic Energy Commission. Exclusive jurisdiction is vested in the courts of appeals to review those orders. the procedure and process are carefully spelled out. including provisions for the making of rules. stays. and suspensions of orders. and review in the Supreme Court. The proposed bill declares that all the provisions of the act of December 29. 1950. shall apply to and shall be the sole and exclusive procedure for the judicial review of orders of deportation of aliens within the United States. Thereby the bill carries out the spirit and intent of the Administrative Procedure Act by establishing a special form of judicial review of such deportation orders. exactly as is provided for by the act. Instead of the multitudinous and repetitive court reviews now available by virtue of judicial interpretations. the bill sets up a special single form of judicial review by the court of appeals. This will guarantee the person in question that by a review by an appellate court he will be getting justice to the fullest extent. and to the same extent as persons aggrieved by orders of other Federal agencies which I just lentioned. Most important. by eliminating review in the district courts. the bill would obviate one of the primary causes of delay in the final determination of all questions which may arise in a deportation proceeding. Since administrative deportation proceedings are unique in a few respects. it is necessary for the bill to provide some additional specifications of procedure and substance in regard to judicial review which do not appear in the general statute relating to agency actions. Thus. the venue is declared to be in the judicial circuit where the administrative proceedings were conducted or in which the petitioner has his residence. but. of course. not in more than one circuit. Whenever a petitioner who seeks judicial review claims United States nationality. and a genuine issue of fact is presented. the case is to be transferred to the United States district court where the petitioner has his residence for a hearing and determination de novo as to his alleged United States citizenship. The validity of a deportation order may be challenged in a criminal proceeding brought against an alien under section 242 (d) or (e) of the Immigration and Nationality Act. the bill declares the new procedure applicable to such challenge. The bill declares that the exclusive method of review of an exclusion order respecting an alien seeking admission into the United States shall be by habeas corpus. This restores the law to the position which it occupied for as much as 80 years or so. until it was held that an alien seeking admission into the United States had the right to use our courts to litigate. as a controverted judicial case. his privilege of entering the United States.