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Minton

United States Supreme Court

348 U.S. 407

Gonzales  v.  United States (348 U.S. 407)

 Argued: Feb. 1, 2, 1955. --- Decided: March 14, 1955


Mr. Justice REED, with whom Mr. Justice BURTON joins, dissenting.

I would affirm. The prescribed procedure, including especially the hearing before a hearing officer, provided adequate protection for petitioner, and I find no express or implied statutory or administrative requirement that the Department of Justice send to petitioner a copy of its advisory report to the Appeal Board.

The report of the Department of Justice is advisory only. As the registrant has, under Selective Service Regulations, 32 CFR § 1606.32(a)(1), a right to examine the report, as well as all other information in the file, and under § 1625(1) and (2) reopen the classification on a showing of error, the 'fair and just' requirement for a hearing is satisfied. United States v. Nugent, 346 U.S. 1, 73 S.Ct. 991, 97 L.Ed. 1417.

NotesEdit

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).