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In the Matter of Devera

16 I&N Dec. 266 (B.I.A. 1977)
In the Matter of Devera

13 Cited authorities

  1. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 747 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

  2. Lutwak v. United States

    344 U.S. 604 (1953)   Cited 922 times   3 Legal Analyses
    Distinguishing between an actual “agreement to conceal” and “an afterthought by the conspirator for the purpose of covering up”

  3. Harisiades v. Shaughnessy

    342 U.S. 580 (1952)   Cited 561 times
    Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"

  4. Martin-Mendoza v. I. N. S

    499 F.2d 918 (9th Cir. 1974)   Cited 37 times
    Finding an entry where the alien departed for the purpose of arranging to facilitate the illegal entry of aliens into the United States

  5. de Hernandez v. Immig. Naturalization Serv

    498 F.2d 919 (9th Cir. 1974)   Cited 11 times
    In Hernandez v. INS, 498 F.2d 919, 921 (9th Cir. 1974), we said that Hibi "held that except for `affirmative misconduct' on the part of the Government, the United States could not be estopped from denying citizenship under the facts existing there."

  6. Yaldo v. Immigration and Naturalization Serv

    424 F.2d 501 (6th Cir. 1970)   Cited 6 times
    Applying standard in review of rescission order underlying deportation order

  7. Navarrette-Navarrette v. Landon

    223 F.2d 234 (9th Cir. 1955)   Cited 14 times

    No. 14343. May 4, 1955. David C. Marcus, Los Angeles, for appellant. Laughlin E. Waters, U.S. Attorney, James R. Dooley, Max F. Deutz, Robert K. Grean, Asst. U.S. Attys., Los Angeles, for appellee. Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge. WIIG, District Judge. Vicente Navarrette-Navarrette appeals from a judgment of the United States District Court discharging his writ of habeas corpus and ordering him remanded to custody under a final order of deportation. Appellee, Landon

  8. United States v. Pantelopoulos

    336 F.2d 421 (2d Cir. 1964)   Cited 4 times
    Following Lutwak where "[u]nlike United States v. Diogo, there was no charge in this case that the conspirators had falsely represented the alien's marital status."

  9. United States v. O'Rourke

    211 F.2d 609 (8th Cir. 1954)   Cited 10 times

    No. 14978. April 21, 1954. Rehearing Denied May 18, 1954. James Daleo, Kansas City, Mo., for appellant. Horace Warren Kimbrell, Asst. U.S. Atty., Kansas City, Mo. (Edward L. Scheufler, U.S. Atty., Kansas City, Mo., and William O. Russell, Asst. U.S. Atty., Joplin, Mo., on the brief), for appellee. Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges. SANBORN, Circuit Judge. Nicolo Impastato, an alien in custody under a warrant of deportation issued July 22, 1953, petitioned the District Court for

  10. Section 371 - Conspiracy to commit offense or to defraud United States

    18 U.S.C. § 371   Cited 21,491 times   139 Legal Analyses
    Requiring proof of an "act to effect the object of the conspiracy"

  11. Section 246.1 - Notice

    8 C.F.R. § 246.1   Cited 25 times
    Implementing 8 U.S.C. § 1256

  12. Section 246.3 - Allegations contested or denied; hearing requested

    8 C.F.R. § 246.3   Cited 10 times

    If, within the prescribed time following service of the notice pursuant to § 246.1 , the respondent has filed an answer which contests or denies any allegation in the notice, or a hearing is requested, a hearing pursuant to § 246.5 shall be conducted by an immigration judge, and the requirements contained in §§ 240.3 , 240.4 , 240.5 , 240.6 , 240.7 , and 240.9 of this chapter shall be followed. 8 C.F.R. §246.3

  13. Section 246.5 - Hearing

    8 C.F.R. § 246.5

    (a)Service counsel. The Government shall be represented at the hearing by a Service counsel who shall have authority to present evidence, and to interrogate, examine, and cross-examine the respondent and other witnesses. The Service counsel is authorized to appeal from a decision of the immigration judge pursuant to § 246.7 and to move for reopening or reconsideration pursuant to § 3.23 of this chapter. (b)Opening. The immigration judge shall advise the respondent of the nature of the proceeding