Summaries of Judicial Decisions

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U.S. Government Printing Office, 1981 - 71 pagini

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Pagina 23 - States, or (2) if the court sentencing such alien for such crime shall make, at the time of first imposing judgment or passing sentence, or within thirty days thereafter, a recommendation to the Attorney General that such alien not be deported, due notice having been given prior to making such recommendation to representatives of the interested State, the Service, and prosecution authorities, who shall be granted an opportunity to make representations in the matter.
Pagina 17 - ... relating to the privilege of any person to enter, reenter, reside in, or pass through the United States or concerning any matter which is material and relevant to the enforcement of this Act and the administration of the Service, and to that end may invoke the aid of any court of the United States.
Pagina 8 - In Foti v. INS, 375 US 217 (1963), the Supreme Court rejected the narrow reading of the statute adopted by some of the lower courts and ruled that the courts of appeals now have exclusive jurisdiction to review orders denying suspension of deportation. It also declared that the consideration of other discretionary relief during the deportation proceeding (such as applications for adjustment of status and registry and to withhold deportation because of anticipated persecution) are merged in the final...
Pagina 18 - Court has upheld the refusal to consider such claims submitted by aliens who were admitted on parole, even though the execution of the exclusion order was delayed considerably by challenges to its validity. Ma v. Barber, 357 US 185 (1958) ; Rogers v. Quan, 357 US 193 (1958). One court has held that an alien crewman granted shore leave is not in the same position as a parolee. Since he has been admitted to the United States he is subject to expulsion, rather than exclusion, proceedings and thus can...
Pagina 44 - NATURALIZATION REQUIREMENTS Although this phase of the 1952 act has provoked little litigation involving new issues, a few items merit brief mention. 1 . Residence and physical presence The 1952 act established more stringent requirements for continuous physical presence during the statutory period of good behavior. A number of petitioners have invoked the savings clause in section 405 in seeking to take advantage of the less exacting requirements of prior law. In United States v. Menasche, 348 US...
Pagina 40 - ... 321 F. 2d 336 (CA 2, 1963), thus applying and extending the holding in Abel v. United States, supra. The authority of special inquiry officers to administer oaths in deportation proceedings was approved in Petite v. United States, 262 F. 2d 788 (CA 4, 1959), reversed on other grounds, 361 US 529. SECTION 301. ACQUISITION OF US CITIZENSHIP AT BIRTH A child born abroad prior to May 24, 1934, to an American citizen mother did not acquire American citizenship at birth, since at that time citizenship...
Pagina 40 - ... the administrative regulation defining the limit to such reasonable distance as 100 miles and upheld a conviction for smuggling narcotics based on evidence produced by such search by immigration officers. Cf. Cervantes v. United States, 263 F. 2d 800 (CA 9, 1959), where search was found unreasonable. In Abel v. United States, 362 US 217 (1960) the Supreme Court endorsed the authority of immigration officers, armed with an administrative warrant of arrest, to make an arrest of a suspected immigration...
Pagina 24 - F. 2d 642 (CA 9, 1955). One court has ruled that a new deportation proceeding is precluded when the invalidity of a prior deportation order was established in judicial review. Anselmo v. Hardin, 253 F. 2d 165 (CA 3, 1958). Aliens charged with illegal reentry after deportation sometimes have sought to attack the original deportation. The courts have said that such attacks are not permitted unless it is shown that there was a gross miscarriage of justice in the former proceedings.
Pagina 20 - Costello v. INS, 376 US 120 (1964), which ruled that under the language relating to deportation upon conviction for two crimes involving moral turpitude (sec. 241 (a) (4)) a deportation order was not proper against a person who was a naturalized citizen at the time of such conviction, even though his naturalization was later revoked for fraud. Another decision of interest supported the propriety of deportation proceedings against a former citizen of the United States who was alleged to have expatriated...
Pagina 6 - Matter of Siacco, 184 F. Supp. 803 (Md., 1960); Petition of Salani, 196 F. Supp. 513 (ND Calif., 1961). One court has ruled that a pardon cannot expunge the disqualification. In re Quintana, 203 F. Supp. 376 (SD, Fla., 1962). 7. Deportation (g) Reciting the definition of deportation in earlier law, which is carried forward in the present statute, the Supreme Court found that an alien who had left the United States while an order of deportation against him was outstanding had been deported. Mrvica...

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