In the Matter of Athanasopoulos

22 Cited authorities

Griffin v. California
380 U.S. 609 (1965) Cited 4,874 times 27 Legal Analyses
Holding that prosecutor may not comment on a defendant's failure to testify
Spevack v. Klein
385 U.S. 511 (1967) Cited 629 times 2 Legal Analyses
Holding that the privilege protects a lawyer who refuses to give testimony that might incriminate himself
Clark v. United States
289 U.S. 1 (1933) Cited 644 times 1 Legal Analyses
Concluding that a prospective juror who committed perjury had also obstructed the administration of justice because she had falsely testified to qualify for the jury even though she was biased and would acquit the defendant no matter what the evidence showed
Peurifoy v. Commissioner
358 U.S. 59 (1958) Cited 142 times
In Peurifoy v. Commissioner, 358 U.S. 59, 60, 79 S.Ct. 104, 3 L.Ed.2d 30 (1958), the Supreme Court noted that the Tax Court had treated temporary (as distinct from indefinite or indeterminate) employment as an "exception" to the "general rule" under the travel expense deduction.
Immigration Service v. Errico
385 U.S. 214 (1966) Cited 108 times 1 Legal Analyses
Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"
Ross v. United States
349 F.2d 210 (D.C. Cir. 1965) Cited 222 times
Holding that in determining whether the Commonwealth has unreasonably delayed the arrest of a suspect after a criminal event, the court must weigh the reasonableness of the delay against the prejudice to the defendant
Nickens v. United States
323 F.2d 808 (D.C. Cir. 1963) Cited 105 times
In Nickens v. United States, 323 F.2d 808, the court held that delay between the offense and the charge was not covered by the constitutional provision for a speedy trial, but was subject to the running of the applicable statute of limitations.
Gastelum-Quinones v. Kennedy
374 U.S. 469 (1963) Cited 28 times
Holding mere membership in Communist Party was insufficient to meet threshold requirement of "meaningful association" required for deportation
United States v. Sanchez
361 F.2d 824 (2d Cir. 1966) Cited 43 times
Suggesting that Ross was based more on the supervisory responsibility of the D.C. Circuit than on constitutional grounds
United States v. Sahli
216 F.2d 33 (7th Cir. 1954) Cited 33 times
No. 11044. October 12, 1954. Rehearing Denied November 16, 1954. Thomas M. Tracey, Chicago, Ill., for appellant. Robert Tieken, U.S. Atty., John Peter Lulinski, Anna R. Lavin, Asst. U.S. Attys., John M. McWhorter, District Counsel, Immigration and Naturalization Service, Chicago, Ill., for appellee. Before MAJOR, LINDLEY and SWAIM, Circuit Judges. SWAIM, Circuit Judge. The relator, Nickolas Diani Circella, filed in the United States District Court for the Northern District of Illinois a petition
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,759 times 142 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence
8 U.S.C. § 1255 Cited 2,877 times 5 Legal Analyses
Listing classes of nonimmigrants, such as students and tourists
Section 1256 - Rescission of adjustment of status; effect upon naturalized citizen
8 U.S.C. § 1256 Cited 117 times
Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted
Section 205.1 - Automatic revocation
8 C.F.R. § 205.1 Cited 93 times
Clarifying that termination is automatic
Section 287.4 - Subpoena
8 C.F.R. § 287.4 Cited 16 times
Authorizing IJ to request that the United States District Court issue an order requiring a recalcitrant witness to comply with an immigration court subpoena

In the Matter of Athanasopoulos

22 Cited authorities

Holding that prosecutor may not comment on a defendant's failure to testify

Holding that the privilege protects a lawyer who refuses to give testimony that might incriminate himself

Concluding that a prospective juror who committed perjury had also obstructed the administration of justice because she had falsely testified to qualify for the jury even though she was biased and would acquit the defendant no matter what the evidence showed

In Peurifoy v. Commissioner, 358 U.S. 59, 60, 79 S.Ct. 104, 3 L.Ed.2d 30 (1958), the Supreme Court noted that the Tax Court had treated temporary (as distinct from indefinite or indeterminate) employment as an "exception" to the "general rule" under the travel expense deduction.

Recognizing that doubts as to the correct construction of a deportation statute "should be resolved in favor of the alien"

Holding that in determining whether the Commonwealth has unreasonably delayed the arrest of a suspect after a criminal event, the court must weigh the reasonableness of the delay against the prejudice to the defendant

In Nickens v. United States, 323 F.2d 808, the court held that delay between the offense and the charge was not covered by the constitutional provision for a speedy trial, but was subject to the running of the applicable statute of limitations.

Holding mere membership in Communist Party was insufficient to meet threshold requirement of "meaningful association" required for deportation

Suggesting that Ross was based more on the supervisory responsibility of the D.C. Circuit than on constitutional grounds

Requiring proof of an "act to effect the object of the conspiracy"

Listing classes of nonimmigrants, such as students and tourists

Providing for rescission of adjusted status if within five years it appears the alien "was not in fact eligible for such adjustment of status" when it was granted

Clarifying that termination is automatic

Authorizing IJ to request that the United States District Court issue an order requiring a recalcitrant witness to comply with an immigration court subpoena