Hugo Black

“ Accardi must be released from custody unless, within a reasonable time, the Board, under those new instructions, holds a new hearing and renders a new decision on his application for discretionary relief. Although the Board has already found that he has a good moral character, he should have the opportunity at the new hearing to offer evidence that he is not and never has been a racketeer. ”

“ A fair hearing by an impartial board has been established as a prerequisite to final exercise of discretion by the Attorney General. Failure to await these required hearings and findings before deciding to deport is therefore a violation of the very regulations the Attorney General has prescribed under authority of law. That the suspension of deportation of Accardi was prejudged long before the Board of Immigration Appeals made its decision is established by the undisputed testimony of Hon. ”

“ His wife and child depend on him for support. Because of his original illegal entry, Accardi was ordered deported.
The basis of this controversy is not the original order of deportation but is Accardi's application for suspension of that order under § 19 (c) of the Immigration Act of 1917. [1] That section provides that under certain circumstances the Attorney General 'may' suspend deportation of an alien upon proof that he has had good moral character for the preceding five years. The Act does not require the Attorney General to hold hearings, or make findings in suspension cases. ”