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Rusk Vs. Cort

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  • US Supreme Court
  • Apr 02, 1962

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55 entries 7 linked 48 unlinked
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  1. Mcgrath Vs. Kristensen US Supreme Court · Dec 11, 1950
  2. Ng Fung Ho Vs. White US Supreme Court · May 29, 1922
  3. Shaughnessy Vs. Pedreiro US Supreme Court · Mar 31, 1955
  4. Trop Vs. Dulles US Supreme Court · Mar 31, 1958
  5. Flemming Vs. Nestor US Supreme Court · Jun 20, 1960
  6. United States Vs. Witkovich US Supreme Court · Apr 29, 1957
    Relied / Followed
  7. Perkins Vs. Elg US Supreme Court · May 29, 1939
  8. U.S. 367 (1962) U.S. Supreme Court Rusk v. Cort
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  9. U.S. 367 (1962) Rusk v. Cort
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  10. the court determined that the appellee had remained abroad to avoid service in the Armed Forces. Relying upon Trop v. Dulles
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  11. States and enjoining the Secretary of State from denying him a passport on the ground that he is not a citizen. Cort v. Herter
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  12. of citizenship -- decisions rendered both before and after the enactment of the Administrative Procedure Act. Perkins v. Elg
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  13. within the United States has never been thought to bar an action for a declaratory judgment of this nature. Stewart v. Dulles
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  14. Bauer v. Acheson
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  15. Flemming v. Nestor
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  16. the Administrative Procedure Act to the subsequently enacted Immigration and Nationality Act of 1952. See Shaughnessy v. Pedreiro
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  17. Brownell v. Tom
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  18. the case originally would not affect an otherwise final and reviewable decision of the District Court. See Thompson v. Whittier
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  19. Garment Workers v. Donnelly
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  20. the statute, as construed and applied by the dissenting opinion, would be constitutional. Compare, e.g., United States v. Witkovich
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  21. status, thus turning the availability of full judicial relief on the geographical location of the claimant. Ng Fung Ho v. White
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  22. In a case decided in 1939, this Court held that remedy applicable to resident citizenship claimants, see Perkins v. Elg
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  23. Third, the federal court dockets became cluttered with these suits. See, e.g., United States ex rel. Dong Wing Ott v. Shaughnessy
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  24. Mar Gong v. McGranery
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  25. F.Supp. 821, rev'd sub nom. Mar Gong v. Brownell
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  26. F.2d 448. By the end of 1952, 1,288 such cases had been instituted. See Ly Shew v. Acheson
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  27. F.Supp. 50, 54-55, vacated and remanded sub nom. Ly Shew v. Dulles
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  28. most insecure kind of reasoning. Certainly, the past cases in this Court lend no support to this decision. Perkins v. Elg
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  29. could maintain a declaratory judgment action to establish citizenship, was of course quite in line with Ng Fung Ho v. White
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  30. itself to the availability of declaratory relief in nationality cases. Supra, p. 369 U. S. 389 . McGrath v. Kristensen
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  31. not in issue. Incidentally, the Court did not reach the applicability of the Administrative Procedure Act. Flemming v. Nestor
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  32. U. S. 48 , and Brownell v. Tom
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  33. and whether it had been reached under correct principles of law. See Ng Fung Ho v. White
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  34. In addition to Flemming v. Nestor
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  35. the Court cites two opinions from the District of Columbia Circuit, Stewart v. Dulles
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  36. claims, compare both the decision of the District Court in the present case, 187 F.Supp. 683, and Tom Mung Ngow v. Dulles
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  37. F.Supp. 709, with D'Argento v. Dulles
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  38. things makes habeas corpus the sole judicial remedy in exclusion proceedings, thereby in effect rejecting Brownell v. Tom
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  39. U.S. Supreme Court Rusk v. Cort
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  40. Cort v. Herter
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  41. of the Administrative Procedure Act. Perkins v. Elg
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  42. Stewart v. Dulles
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  43. See Shaughnessy v. Pedreiro
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  44. of the District Court. See Thompson v. Whittier
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  45. Garment Workers v. Donnelly
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  46. Dong Wing Ott v. Shaughnessy
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  47. Mar Gong v. Brownell
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  48. See Ly Shew v. Acheson
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  49. Ly Shew v. Dulles
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  50. of the Administrative Procedure Act. Flemming v. Nestor
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