United States ex rel. Accardi v. Shaughnessy - 347 U.S. 260, 74 S. Ct. 499 (1954)

Rule:

If the word "discretion" means anything in a statutory or administrative grant of power, it means that the recipient must exercise his authority according to his own understanding and conscience. This applies with equal force to the Board of Immigration Appeals and the Attorney General. In short, as long as the regulations remain operative, the Attorney General denies himself the right to sidestep the Board or dictate its decision in any manner.

Facts:

By a habeas corpus proceeding in a federal district court, petitioner challenged the validity of the denial of his application for suspension of deportation under the provisions of § 19(c) of the Immigration Act of 1917. Admittedly deportable, petitioner alleged, inter alia, that the denial of his application by the Board of Immigration Appeals was prejudged through the issuance by the Attorney General in 1952, prior to the Board's decision, of a confidential list of "unsavory characters" including petitioner's name, which made it impossible for petitioner to secure fair consideration of his case. The District Judge refused the offer of proof, denying the writ on the allegations of the petitioner without written opinion. The Court of Appeals affirmed.

Issue:

Under the circumstances, should the court grant petitioner’s application for a writ of habeas corpus?

Answer:

Yes.

Conclusion:

The Supreme Court reversed the appellate court's decision, finding petitioner was entitled to a hearing to try and prove his allegations about the Attorney General's list because the Board of Immigration of Appeals was supposed to use its own discretion in hearing petitioner's case. The Court held that if the allegations were true, it was likely that the Board's discretion in determining petitioner's case was compromised by the Attorney General, as it was clear in the allegations that the Attorney General wanted the people on his list deported. If successful, petitioner would be entitled to a hearing before the Board on the matter of suspension of deportation. If the Board were to hear petitioner's application for suspension, it would have to rule out consideration of the Attorney General's list.