retention requirements, sec. 301 (b), 1952 Act-Continued residence in U.S., establishment of; does not toll physical presence requirement; 10-22 residence in U.S., establishment of; ne cessity; 1060 retention requirements, sec. 349 (a) (1), 1952 Act: applicable to person who attains age 23 subsequent to Dec. 24, 1952; 8-511 prospective application; 7—612 revocation of naturalization: deportability on basis of, proceedings begun before naturalization; 4-327 effect upon immigation status of wife; 1-84 judgment of denaturalization pursuant 1906 Act; jurisdictional defect, question of; 11-76 judgment of denaturalization void on its face because of indication that summons never served; 6-366 presumptive fraud, for; 1906 Act; effect of consular officer's report of expatriation; 7-266 presumptive fraud, for; 1906 Act; personal notice and publication of notice, question of; 11-76 "relation back" doctrine; in dep. applicability proc. as to documentary charges; 5-759; 7-103 "relation back" doctrine; generally; 3-275; 4-373, 702; 5-405 status of naturalized citizen prior to entry of formal revocation decree; 6-217 sec. 401(a), 1940 Act; 10-394; 13-517 service in foreign armed forces: after being misinformed by official sources re U.S. citizenship; 9-362 after foreign citizenship (Canadian) was already lost thru father's U.S. naturalization; 1-272 age, as factor, sec. 401 (c), 1940 Act; 3-470 began before Jan. 13, 1941, and continued thereafter; voluntariness; 2-304 began prior Dec. 24, 1952, and continued thereafter; 8-194 sec. Canadian Officers Training Corps, not deemed "armed forces" under 401 (c) 1940 Act; 2-346 Canadian University Air Training Corps, not deemed "armed forces" under sec. 401 (c), 1940 Act; 2-455 Cuba, Rebel Army of; 9-452; 10-472 duress, sec. 401 (c), 1940 Act; 4-57 "entering"; question of; 10-472 executive agreement with Canada; applicability to dual national; 2-783; 5-678 executive agreement with Mexico as "law of U.S."; 2-243; 5-497; 6-641, 648 service in foreign armed forces-Continued ignorance of U.S. citizenship; alleged; 3-558, 560 Ireland, An Forsa of; not deemed "armed forces," sec. 401 (c), 1940 Act; 8-340 Mexico, "Sunday marching" in; not deemed "armed forces" under sec. 349 (a) (3); 13-508 permission of local draft board; 5-674 sec. 349 (a) (3), 1952 Act; 8-194, 307; 13-490 sec. 401 (c), 1940 Act; 3-558; 4-248; 8-194 voluntariness, conclusive presumption of: sec. 349 (b), 1952 Act; 9--41 voluntariness; sec. 349 (c), 1952 Act; 10-472 voluntary relinquishment, as factor; 12-380 voting in foreign election or plebiscite: after being misinformed by U.S. officials re citizenship; 9-362 age, below legal voting age, not defense; 3-829 burden of proof; 11-186 commissar, agrarian community, Mexican; election for, within sec. 401 (e), 1940 Act: 3-890 duress, claim of; sec. 401 (e), 1940 Act; 9-711; burden of proof; 11-12 ignorance of U.S. citizenship status; 4-528; 8-226; 9-670 municipal election, Canada; 1-267; 2-440; 10-68 municipal election, Italy; 11-12 municipal election, Mexico; 9–516 plebiscite, Canada, as to release of claim of fear; sec. 401 (e), 1940 Act; 8-317 voluntariness, conclusive presumption of; sec. 349 (b), 1952 Act; 7-665; 8-226; 9-516, 670, 711 voluntary, Germany in 1949; 4-486 war, while United States was at; 2-263, 296; 4-398 woman, upon her marriage to alien or husband's acquisition of foreign citizenship, 1907 Act; 1-429; 2-313; 3-107; 4-93, 154, 398 Commercial or agricultural enterprise, alien will engage in; question of; 12-86 to care for ill child; equated with own illness; 11-665 acquisition of status by resident alien's intermittent weekend visits with family in Mexico, question of; 13-750 applicability of Fleuti doctrine; 13-711 burden of proof; 13-711 effect of 1952 Act upon status; 5-716 employment: break of more than 6 months; 8-209; 13-683 new, destined to, following extended, unavoidable absence; 11-791 of only 2 hrs. in 10 mo. period; 8-643 old job, not available after extended, unavoidable absence; 11-665, 791 part-time; 11-466 prohibited by Sec. of Labor, destined to; effect; 9-591 regular, but not daily; 11-466 loss of status; 8-209; 13-683 one who has never taken up residence or employment in U.S.; 3-519 seasonal commuter; 13-750 subject to provisions of sec. 212 (a) (22); 12-621 Conditional entry; sec. 203(a)(7), 1952 Act, as amended; see Quota preference: Act of 1952, as amended by P.L. 89-236: sec. 203 (a) (7) Confinement to penal institution; see Good moral character; confinement to penal institution, sec. 101(f) (7), 1952 Act Constitutionality of statutes; 3-417, 456; 4475, 556 Contract labor; see Exclusion grounds: contract labor Conviction of crime: adjudication of guilt under foreign law; 5-606 California: authority of superior ct. to vacate prior narcotic conviction in said ct.; 13-592 minor (under 18); tried and convicted in superior court; 9-487 sentenced by juvenile court after plea of guilty in superior court; 6-835 court martial: Canada; 1-485 England; 1-485 Germany, by U.S. Armed Forces in; as conviction in U.S.; 3-536; 5-56; 6-481 Italy; 1-34; 8-453 Netherlands Naval Forces, by; 8-469 United States; 1-486 expungement; see Pardon Germany, by U.S. Military Court in; as conviction in U.S.; 4-21 in absentia; question of; 8-608 moral turpitude present, question of; see Crimes involving moral turpitude: Moral turpitude pardon; see Pardon penal certificate "negative," effect on deportability; 5-129 petty offenses; see Exclusion grounds: crime, admission or conviction plea of guilty to general conspiracy count; effect; 9-688; see also Crime, admission of commission: guilty, plea of plea of nolo contendere; 5-198, 759 record of conviction: authentication of foreign conviction record; question of; 13-336 defined; 2-357 dismissal (Calif.); following substitution of plea of not guilty; effect; 12-721 dismissal of information, Nevada; deportability (sec. 241 (a) (11)) after; 13-56 expungement; see Pardon "extinction" of record, Italy; 5-129 foreign; authentication of record; question of; 13-336 foreign crime; 2-520; 3-3; 5-606 includes statements of court on sentencing: 4-490 indictment containing allegations not necessary for conviction; 6-98 indictment, recitals as to greater offense disregarded when alien pleads guilty to lesser offense; 2-526; 4-241; 10-730 introduction of, precludes outside inquiry; 3-641; 10-593 moral turpitude, use in determining; see Moral turpitude outside evidence as to permanency of taking (Canadian theft cases); 2-22; 3-723 outside evidence incompetent to show innocence; 1-540 outside evidence to establish nature of crime; 3-502, 641; 5-708 outside evidence, use; discretionary relief; 3-792, 804 reliance on court's opinion to determine nature of crime; 6-400 recourse to State's Attorney's remarks to court to determine nature of crime; 10-136 sec. 241 (a) (4), 1952 Act; within meaning of: absence of pardoning authority for offense committed; effect; 12-750 alien & court unaware provisions sec. 241 (b) (2); effect; 13-497 commitment as defective delinquent; effect; 5-538 conviction not in U.S.; 7-356; 11-242 conviction of offense, sec. 722 (8), N.Y. Penal Law; as; 7-520 sec. 241 (a) (4), 1952 Act; within meaning of-Continued conviction of city ordinance violation; 8-59; 12-750 conviction resulting in commitment under Federal Youth Corrections Act; 8-360, 517; conviction set aside; effect; 12-623 coram nobis action vacating conviction record; effect; 8-611 elements constituting; 10--401 execution of sentence suspended, alien expungement; see Pardon final conviction; twice convicted alien; 7-539 finality: applicability of rule to sec. 241 (a) (11); 7-580 finality; conviction in Canada; 8-199 imposition of sentence suspended (twice placing case on file, Mass.; as; 5-392 plea of guilty, subsequently placed on probation; 7-242 revocation of sentence and dismissal of complaint, Mass.; 7-171 sentence by juvenile court after plea of guilty in superior court, Calif.: 6-835 sentence modified by court order to less than 1 year; subsequent expungement of conviction; 13-592 sentence suspended pending final conviction of any other felony, Texas; 7-318 sentence wholly suspended, effect; 6-346 single scheme of criminal misconduct; see Deportation grounds: convicted of two crimes: single scheme of criminal misconduct United States citizen, while a; 5-678; 9-524 Country to which deportable; see Place of deportation Crewman; see Seaman Crime (see also Conviction of crime; Crime, admission of commission; Crimes involv ing moral turpitude; Moral turpitude; Pardon; Sentenced to imprisonment) : attempt to commit: intent always included in attempt; 2-733, 735 moral turpitude present when substantive crime involves moral turpitude; 1-190, 194, 506; 2-141; 3-56 capacity of minor to commit; 1-613 prior to entry, effect where sentence suspended after conviction on plea of guilty; 3-569 record of conviction; see Conviction of crime: record of conviction violation (N.Y.) defined as offense by State courts; 7-520 Crime, admission of commission: adequacy, rules; 1-33, 101, 121, 225, 346, 355, 422, 450, 553, 581, 669; 2-175, 285 486; 3-10, 76, 360; 5-194; 6-193, 806; 7-40, 594 adequacy, in absence of precise definition of crime; 5-578 adequacy, when on same set of facts alien had been convicted of lesser crime; 4-159 admission, independent, following court disposal of related offense including recommendation against dep.; 3-236, 623 admission, made in prior hearing which was technically invalid; 4-765 admission, previous, denial of: 4-159 admission, 1-359, 450 effect; previous, qualification of; exclusion proceedings; absence of foreign record; 3-3 perjury (see also Crimes involving moral turpitude: perjury): distinguished from violation sec. 36 (c), Alien Registration Act of 1940; 1-17 no admission of being sworn; 7-40 oath not required by law, when; 1-422 petty offenses: see Exclusion grounds: crime, admission or conviction rape, following grand jury dismissal of complaint; 3-833 smuggling attempt, 19 U.S.C. 1593; 1-553 statute, necessity that offense be declared crime by; 1-553 time of, to be effective under 1952 Act; 5-676 Crimes involving moral turpitude (see also Crime; Juvenile delinquency; Moral turpitude): abandonment of minor child: California; 1-459 Canada; 1-459; 2-553 Missouri; 1-459 New York; 2-553 Wisconsin; 4-192 abortion: assault with intent to commit (N.Y.); 2-525 drug to produce, Mass.; 2-203 accessory after the fact, manslaughter (Mass.); 11-264 accessory before the fact, uttering (Mass.); 6-783 adultery: Massachusetts; 3-168 assault: aggravated (Conn.); 1-446; 3-193 aggravated; discussion; 2-747 California; 1-352 California, with deadly weapon; 2-733 Canada, indecent; 5-686 Connecticut, aggravated; 1-446; 3-193 Connecticut, with deadly and dangerous weapon; 1-446; 3-193; 12-791 assault-Continued dangerous weapon, with; 1-209, 446, 521; 2-204, 733, 743; 3-193; 5-668; 12-791 Florida, with intent to commit manslaughter; 2-477 Germany; of a policeman; 4-301 Germany; with weapon (knife); 4-26 indecent (Can.). 5-686 intent to commit abortion, with (N.Y.); 2-525 intent to commit carnal abuse and rape, with (N.Y.); 10-730 intent to commit manslaughter, with (Fla.); 2-477 intent to commit robbery, with; 11-457 intent to inflict grevious bodily harm, with; 1-52, 446; 2-193, 733; 3-5 intent to murder, to rob, to inflict bodily harm, with; 2-747 intent to murder, with (R.I.); 3-808 intent to procure miscarriage, with: 2-528 intent to rape, with (Mass.); 5-538 Italy; and serious injury by shooting with pistol; 2-821 Massachusetts; police officer, on; 5-538 Massachusetts, with intent to rape; counterfeit coins; making, passing or possession of; 7-178 counterfeit Fed. Reserve Notes, uttering [18 U.S.C. 472]; 6-795 counterfeit obligations, uttering: 11-444 credit card, illegal use of: Michigan; 11-839 cutting, with intent to wound, Ohio; 1-56 damaging property, Canada; 2-716, 867 defraud by use of mails, devising scheme to; 12-452 demanding and obtaining money, in pretended character; 6-702 demanding property, with menaces, Canada; 3-361 deposit of metal "slug" in coin box, New York; 2-235 desertion from U.S. Armed Forces: 4-682 destroying railway telegraph property, Canada; 2-686 devising scheme mails; 12-452 disorderly conduct: to defraud using the California; 12-225 New York; 7-520 Phoenix, Arizona City Code; 12-225 disorderly house; 2-367, 703; 3-231 |