Gonzales v. United States

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 *418Regulations, 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.