From Casetext: Smarter Legal Research

Agosto v. Boyd

United States Court of Appeals, Ninth Circuit
Jun 11, 1971
443 F.2d 917 (9th Cir. 1971)

Summary

holding that there is "neither statutory nor decisional authority" to confer standing "upon the relatives of an alien to intervene in pending deportation proceedings"

Summary of this case from Movimiento Democracia, Inc. v. Chertoff

Opinion

No. 24509.

June 11, 1971.

Robert G. Kerr (argued), Tacoma, Wash., for plaintiffs-appellants.

Paul S. Fenton (argued), Albert E. Stephan, Asst. U.S. Attys., Stan Pitkin, U.S. Atty., Seattle, Wash., for defendants-appellees.

Before BROWNING, HUFSTEDLER, and CHOY, Circuit Judges.


The wife and minor children of Vincent Pianetti (also known as Vincent Agosto) appeal from a judgment entered following an order of the district court dismissing their complaint in which appellants sought an order permitting them to intervene in deportation proceedings against Vincent pending before the United States Immigration and Naturalization Service. The court dismissed the complaint on the grounds of want of jurisdiction and of want of standing.

There is neither statutory nor decisional authority permitting district courts to entertain actions by the relatives of aliens to intervene in pending deportation proceedings. We decline to create such jurisdiction. We discover no basis for conferring standing upon the relatives of an alien to intervene in pending deportation proceedings. ( See Swartz v. Rogers (1958) 103 U.S.App. D.C. 1, 254 F.2d 338, 339.)

The judgment is affirmed.


Summaries of

Agosto v. Boyd

United States Court of Appeals, Ninth Circuit
Jun 11, 1971
443 F.2d 917 (9th Cir. 1971)

holding that there is "neither statutory nor decisional authority" to confer standing "upon the relatives of an alien to intervene in pending deportation proceedings"

Summary of this case from Movimiento Democracia, Inc. v. Chertoff

In Agosto, the wife and minor children of an alien had filed a complaint seeking an order from the district court permitting them to intervene in the deportation proceedings brought against the alien.

Summary of this case from Enciso-Cardozo v. I. N. S
Case details for

Agosto v. Boyd

Case Details

Full title:Mary Marie AGOSTO et al., Plaintiffs-Appellants, v. John P. BOYD, etc., et…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 11, 1971

Citations

443 F.2d 917 (9th Cir. 1971)

Citing Cases

Wong v. Bell

In the context of a deportation proceeding, this court has clearly declined to confer standing on the…

Movimiento Democracia, Inc. v. Chertoff

Lacking an injury, the wives had no standing. See Agosto v. Boyd, 443 F.2d 917 (9th Cir. 1971) (holding that…