Tom C. Clark

“ If petitioner can prove the allegation he should receive a new hearing before the Board without the burden of previous proscription by the list. After the recall or cancellation of the list the Board must rule out any consideration thereof and in arriving at its decision exercise its own independent discretion, after a fair hearing, which is nothing more than what the regulations accord petitioner as a right. [8] Of course, he may be unable to prove his allegation before the District Court; but he is entitled to the opportunity to try. ”

“ It is created by the Attorney General as part of his office, he names its members, and they are responsible only to him. It operates under his supervision and direction, and its every decision is subject to his unlimited review and revision. ”

“ The regulations prescribe the procedure to be followed in processing an alien's application for suspension of deportation. Until the 1952 revision of the regulations, the procedure called for decisions at three separate administrative levels below the AttorneyGeneral-hearing officer, Commissioner, and the Board of Immigration Appeals. ”

“ Even the Attorney General was not entrusted with this discretion free of all congressional control, for Congress specifically reserved to itself power to overrule his acts of grace. 54 Stat. 672, 8 U.S.C. (1946) § 155 (c) , as amended, 8 U.S.C. (Supp. V) § 155 (c) . It overtaxes our nai vete about politics to believe Congress would entrust the power to a board which is not the creature of Congress and whose members are not subject to Senate confirmation.
Cases challenging deportation orders, such as Bridges v. ”