Speaker. section 10 of the Administrative Procedures Act provides that a person suffering any legal wrong by reason of any Government agency action shall be entitled to judicial review. This act also provides that the form of such review shall be specified by statute. But no special form of review has been provided for deportation or exclusion orders under the immigration laws. The purpose of this bill is to set up a special form of judicial review of deportation orders exactly as is contemplated by section 10 of the Administrative Procedures Act. The alien may obtain a review of the deportation order in the circuit court of appeals in the judicial circuit in which administrative proceedings were held or wherein is the residence of the alien. This prevents the alien from shopping around for a convenient court in order to delay his case. The alien also may obtain a Judicial review of the deportation order by habeas corpus proceedings. The bill would prevent abuse of the habeas corpus proceeding. It would deny relief by habeas corpus if the validity of the deportation order had been previously upheld. unless there is a showing that grounds for relief exist which could not have been presented in the prior proceeding. or unless the court finds that the prior proceeding was inadequate or ineffective to test the order. This prevents the useless repetition of the habeas corpus proceeding which has frustrated the enforcement of the law. The bill also provides that the exclusive method of an order excluding an alien from this country shall be by writ of habeas corpus.
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immigration deportation