U.S. Court of Appeals for the Ninth Circuit, 1971

Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc.

Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc.
U.S. Court of Appeals for the Ninth Circuit · Decided August 3, 1971 · Chambers, Hufsted-Ler, Beeks
445 F.2d 321; 1971 U.S. App. LEXIS 8678 (Federal Reporter, Second Series)

Peter D. Bogart, and v. Harlon B. Chrter, as Regional Commissioner of the Immigration & Naturalization Service, Etc.

Opinion

The summary judgment rendered against plaintiff-appellant is reversed. We think this is indicated by In re Ruf-falo (1968), 390 U.S. 544, 88 S.Ct. 1222, 20 L.Ed.2d 117, and Theard v. United States (1957), 354 U.S. 278, 77 S.Ct. 1274, 1 L.Ed.2d 1342. We believe Bogart has a constitutional right to a hearing before the agency before being denied the right to further practice before the agency, department regulations to the contrary notwithstanding.

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