The Northwest times. [volume] (Seattle, Wash.) 1947-1955, 1948-05-12


impartial examiners outside the
service as defined in the injunction.
This ruling definitely will af-
feet deportation orders against
hundreds of japanese aliens who
are unable to reside here perman-
emily because of the expiration of
their status as treaty merchants,
students or visitors, the Wash
ington JACL Ado office reported.
Jack Wasserman, former member
of the Board of Immigration APP
peals of the Justice Department,
informed JACL-ADC national le-
gislative director Mike MasaOka
that the effect of the ruling would
be to hold up all deportations
under present methods until the
courts could decide the issue.
The injunction was sought by
Lee Pressman and Joseph Forer.
Washington attorneys for the five
men, who argued their clients were
denied such impartial hearings
when their cases were heard before
immigration officers. They ex-
planned that under present pro-
cedures, officers of the Immigra-
ton Service holding the hearings
have been prosecuting officials at
one time and examiners at another.
Pressman and Forer construed the
ruling to mean that the Immigra-
ton Service Is as much bound by
the requirements of the 1916 act
to grant a fair hearing with i'm
partial hearing officers as are other
Government agencies.
Attorney General Tom Clark,
however, served notice that the
Government would contest the rul-
ing perhaps up to the Supreme
Court. He said that cit has been
our position since the passage of
the Administrative Procedures Act
of 1916 that it did not apply to de-
portation proceedings. He added
his department would take all
necessary steps to have the case
adjudicated as quickly as possible
so that we can proceed with the
deportations.
Justice Goldsborough's ruling
offered fresh hope to those
japanese facing imminent separa-
ton from their families. Legal
ly denied powers to make any
dispensation to japanese aliens
because of the ineligibility to CT
tizenship provisions of the immi-
grafton statutes, the Justice De-
partment, in its general tighten
ing of immigration practices, has
issued a series of orders seeking
the deportation of Japanese who
have lost their legal right to re-
main in this country with the
expiration of the commercial
treaty binding Japan and the
United States. Temporary relief
for these aliens has thus far
been provided with the introduce
ton of ii. r. 1866 and a num-
Der of private bills.
The Washington JACL-ADC Of
flee reported that still under ad-
visement by the Tenth District
Court of Appeals is another depor-
tation litigation upon which deci-
sion the fate OF Japanese deportees
may be determined. The case was
argued last January by A. L. Wirin,
of the Los Angeles firm of Wirin.
KIDD and Okrand, who presented the
case of seven persons of Japanese
ancestry facing deportation. Wirin
said no question of disloyalty is in
volved and that the appellants are
being Disseminated solely because
of their race.
The japanese aliens involed in
the case include those whose legal
residnce in this country was chang
ed to an illegal status with the alb
rogation of the U. S. Japan COM
mercial treaty in l941. Mr. Wirin
said that the cases will be taken to
the Supreme Court in the event of
an adverse decision from the APP
pellate court.