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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 sale of wine
and beer; within sec. 401 (e), 1940
Act; 2-427

plebiscite, Canada, as to release of
Canadian Government from commit-
ments in selective service matters, not
within sec. 401 (e), 1940 Act; 1-239
political elections, Canada; relying on
misinformation by Canadian Govt.
official re U.S. citizenship; 10-533
presidential election, Mexico; 9-516
prior to Jan. 13, 1941; 1-536; 3-107
unauthorized, false claim of foreign na-
tionality, within sec. 401 (e), 1940 Act;
2-82
voluntariness;

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

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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
self-employment in U.S.; 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
placed on probation, Texas; 7-478;
9-172; 12-806; 13-449
execution of sentence suspended, alien
placed on probation on condition of
restitution; 11-457

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 postponed: 7-580
imposition of sentence suspended (once
convicted alien); 7-577

imposition of sentence suspended (twice
convicted alien); 7-383, 539
pardon; see Pardon

placing case on file, Mass.; as; 5-392
plea of guilty, imposition of sentence
suspended & placed on probation;
Colorado; 10-401

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

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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;

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exclusion proceedings; absence of foreign record; 3-3

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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;

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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

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