In the Matter of Benitez

17 Cited authorities

INS v. Lopez-Mendoza
468 U.S. 1032 (1984) Cited 991 times 17 Legal Analyses
Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."
INS v. Phinpathya
464 U.S. 183 (1984) Cited 248 times
Holding that thirty-two-year-old statute must still be given its plain meaning
United States v. Rodgers
466 U.S. 475 (1984) Cited 214 times 5 Legal Analyses
Holding that a criminal statute was not "absurd" even though, "giv[ing] the statute a ‘literal interpretation’ " resulted in harsher punishment for one who "informally volunteer[ed] an untrue statement to an F.B.I. agent than" for one who "relate[d] the same story under oath before a court of law"
United States ex rel. Bilokumsky v. Tod
263 U.S. 149 (1923) Cited 345 times
Holding that there is no "presumption of citizenship comparable to the presumption of innocence in a criminal case. . . . To defeat deportation it is not always enough for the person arrested to stand mute at the hearing and put the Government upon its proof."
Tejeda-Mata v. Immig. Naturalization Serv
626 F.2d 721 (9th Cir. 1980) Cited 109 times
Holding that "if a petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum"
Iran v. Immigration & Naturalization Service
656 F.2d 469 (9th Cir. 1981) Cited 32 times
Noting that the government must establish alienage before the burden-shifting presumption applies
Corona-Palomera v. Imm. and Nat. Service
661 F.2d 814 (9th Cir. 1981) Cited 20 times
Finding that unrebutted birth certificates from Mexico in the respondent's names were sufficient evidence to establish alienage
Hirsch v. Immigration and Naturalization Serv
308 F.2d 562 (9th Cir. 1962) Cited 34 times
Holding that a federal statute prohibiting false statements was not a CIMT because “the jury could convict if it found that petitioner had ‘knowingly’ but without evil intent, made a ‘false’ but not ‘fraudulent’ statement”
Whetstone v. I. N. S
561 F.2d 1303 (9th Cir. 1977) Cited 15 times
Finding that "[d]eportation on a charge not presented in the order to show cause, or at the hearing, would offend due process" because record evidence must establish the basis for deportation
Matter of Allustiarte
594 F.2d 242 (9th Cir. 1979)
594 F.2d 242 (9th Cir. 1979) Allustiarte, In Matter of No. 76-1864 United States Court of Appeals, Ninth Circuit January 11, 1979 Editorial Note: This opinion is published in the Federal reporter in a table titled §Table of decisions without reported opinions§. These decisions do not meet the specific criteria for publication and these decisions cannot be cited unless being used for res judicata or collateral estoppel. (Ninth Circuit Rules, Rule 36-3,28 U.S.C.A.) E.D.Cal. AFFIRMED
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 43,190 times 37 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,700 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1182 - Inadmissible aliens
8 U.S.C. § 1182 Cited 9,900 times 69 Legal Analyses
Holding deportable aliens who have been convicted of "crimes involving moral turpitude"
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 1325 - Improper entry by alien
8 U.S.C. § 1325 Cited 1,342 times 12 Legal Analyses
Penalizing improper entry into U.S. by virtue of willful false statement of material fact
Section 1361 - Burden of proof upon alien
8 U.S.C. § 1361 Cited 339 times
Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established

In the Matter of Benitez

17 Cited authorities

Holding that "deportation is not to punish past transgressions but rather to put an end to a continuing violation of the immigration laws."

Holding that thirty-two-year-old statute must still be given its plain meaning

Holding that there is no "presumption of citizenship comparable to the presumption of innocence in a criminal case. . . . To defeat deportation it is not always enough for the person arrested to stand mute at the hearing and put the Government upon its proof."

Holding that "if a petitioner wishes to preserve an issue for appeal, he must first raise it in the proper administrative forum"

Noting that the government must establish alienage before the burden-shifting presumption applies

Finding that unrebutted birth certificates from Mexico in the respondent's names were sufficient evidence to establish alienage

Holding that a federal statute prohibiting false statements was not a CIMT because “the jury could convict if it found that petitioner had ‘knowingly’ but without evil intent, made a ‘false’ but not ‘fraudulent’ statement”

Finding that "[d]eportation on a charge not presented in the order to show cause, or at the hearing, would offend due process" because record evidence must establish the basis for deportation

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Delineating crimes that make alien deportable

Penalizing improper entry into U.S. by virtue of willful false statement of material fact

Providing that the burden of proof to show time, place, and manner of entry into the United States shifts to the alien once alienage is established