Speech #870078257

In addition. the theory that a habeas corpus proceeding is a more expeditious method of review than an action for a declaratory judgment is questionable. A leading text states: The whole controversy comes before the Court for quick disposition if the Government files an answer immediately and makes a motion for summary judgment or for dismissal. attacking the administrative record. (Gordon and Rosenfield. "Irmnigration Law and Procedure" (1959 ed.). sec. 8.9d.) Second. The elimination of the district court as a court of original jurisdiction for the review of deportation orders where the alien is not detained. H.R. 187 proposes a new procedure for judicial review of final orders of deportation. Instead of bringing a declaratory judgment proceeding in the district court. the alien would have to file a petition for review in the court of appeals in the judicial circuit where the administrative proceedings were conducted or where the alien petitioner has a residence. This proposal seeks to make deportation orders reviewable in much the same manner as orders of certain Federal agencies such as the Federal Communications Commission. Federal Maritime Board. and the Atomic Energy Commission. The orders of these agencies are not the same as deportation orders. The proceedings before the FCC. AEC. and other agencies concern commercial interests usually of substantial magnitude and complexity. The litigant against the Government is almost invariably represented by counsel and the evidence introduced before the agency is usually detailed. lengthy and complex. Some of these hearings have been known to drag on for years. In deportation proceedings. however. the hearing concerns a single individual or a family. Many times the alien is not in a financial position to engage able counsel and because of language and other difficulties cannot intelligently protect his legal interests. Why should such a litigant be forced to incur the extra expense and inconvenience entailed by requiring him to appeal to the court of appeals?