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IN RE YARIS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


December 26, 1952

In re YARIS

The opinion of the court was delivered by: WEINFELD

This motion presents the question whether the District Director of Immigration and Naturalization has the power to issue subpoena in deportation cases.

I have considered the contentions of the movants that Wong Yang Sung v. McGrath. 339 U.S. 33, 70 S. Ct. 445, 94 L. Ed. 616 controls this case. But, in my view, the Sung decision does not include within its reach the subpoena power. To hold otherwise would mean that there would be no effective means of compelling the attendance and testimony of witnesses in deportation proceedings. Loufakis v. United States, 3 Cir., 81 F.2d 966. The other contentions of movants are without merit.

The motion is denied.

 Settle order on notice.

19521226

© 1992-2004 VersusLaw Inc.



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