Mary Marie Agosto et al., Plaintiffs-appellants, v. John P. Boyd, Etc., et al., Defendants-appellees, 443 F.2d 917 (9th Cir. 1971)

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U.S. Court of Appeals for the Ninth Circuit - 443 F.2d 917 (9th Cir. 1971) 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.