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In the Matter of C

22 Cited authorities

  1. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,815 times   19 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent

  2. United States v. Morgan

    346 U.S. 502 (1954)   Cited 1,858 times   1 Legal Analyses
    Holding that writ of error coram nobis was appropriate vehicle for prisoner's request that prior conviction be vacated for failure to advise him of his right to counsel, and where "no other remedy [was] then available and sound reasons exist[ed] for failure to seek appropriate earlier relief"

  3. Delgadillo v. Carmichael

    332 U.S. 388 (1947)   Cited 153 times   1 Legal Analyses
    Holding that a nonresident does not make an "entry" into the United States when he had no intent to "depart," or left involuntarily

  4. Ex Parte Garland

    71 U.S. 333 (1866)   Cited 169 times   1 Legal Analyses
    Denying ex-confederate sympathizers admission to the bar

  5. United States v. Morgan

    222 F.2d 673 (2d Cir. 1955)   Cited 29 times
    Noting that because it only became clear recently that relief was available, defendant “did not ‘sleep on his rights.’ At any rate, his somnolence cannot count against him, as he evidenced marked diligence from the moment when he could reasonably have been expected to awake.”

  6. Schoeps v. Carmichael

    177 F.2d 391 (9th Cir. 1949)   Cited 33 times

    No. 12008. September 23, 1949. David C. Marcus, Los Angeles, Cal., for appellant. James M. Carter, U.S. Atty., Clyde C. Downing, Arline Martin and Ernest Tolin, Asst. U.S. Attys., Los Angeles, Cal. (Marshall Kidder, Asst. Dist. Adjudications Officer, Immig. Naturalization Service, Los Angeles, Cal., on the brief) for appellee. Before STEPHENS and BONE, Circuit Judges, and FEE, District Judge. BONE, Circuit Judge. Appellant-petitioner Schoeps was born on November 27, 1893 in Germany and was admitted

  7. United States v. Carmichael

    183 F.2d 19 (5th Cir. 1950)   Cited 17 times
    Finding no gross miscarriage of justice

  8. Savoretti v. United States

    214 F.2d 314 (5th Cir. 1954)   Cited 6 times
    In Savoretti v. United States ex rel. Pincus, 214 F.2d 314 (5th Cir. 1954), decided after Mezei but relying on Delgadillo and Di Pasquale, a resident alien was held not to have made a new entry after the fishing boat on which he was sleeping (after some serious drinking) made an unscheduled stop in Bimini to sit out heavy weather.

  9. Daskaloff v. Zurbrick

    103 F.2d 579 (6th Cir. 1939)   Cited 12 times
    In Daskaloff v. Zurbrick, 103 F.2d 579 (C.A. 6), this Court held that an alien could not in a subsequent habeas corpus proceeding attack the validity of a prior executed deportation order.

  10. United States v. Corsi

    60 F.2d 123 (2d Cir. 1932)   Cited 8 times

    No. 445. June 13, 1932. Appeal from the District Court of the United States for the Southern District of New York. Petition by the United States, on the relation of Hugo Koehler, for writ of habeas corpus to be directed to Edward Corsi, Commissioner of Immigration at the Port of New York. From an order dismissing the writ, relator appeals. Affirmed. The relator is an alien who arrived at the port of New York on the steamship Stuttgart on November 10, 1929. At a hearing before a Board of Special Inquiry

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,739 times   67 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  12. Section 1252 - Judicial review of orders of removal

    8 U.S.C. § 1252   Cited 42,742 times   36 Legal Analyses
    Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

  13. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,432 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  14. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,772 times   67 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  15. Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

    8 U.S.C. § 1255   Cited 2,850 times   5 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  16. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,155 times   1 Legal Analyses
    Delineating crimes that make alien deportable

  17. Section 1451 - Revocation of naturalization

    8 U.S.C. § 1451   Cited 580 times   5 Legal Analyses
    Empowering the government to "institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside ... for the purpose of revoking and setting aside the order admitting such person to citizenship"

  18. Section 1181 - Admission of immigrants into the United States

    8 U.S.C. § 1181   Cited 171 times
    Requiring "a valid unexpired visa" or other entry document for admission

  19. Section 1182a to 1182c - Repealed

    8 U.S.C. § 1182a - 8 U.S.C. § 1182c   Cited 9 times

    8 U.S.C. § 1182a to 1182c Pub. L. 87-301, §24(a)(1), (3), Sept. 26, 1961, 75 Stat. 657 Section 1182a, act Sept. 3, 1954, ch. 1254, §4, 68 Stat. 1145, related to admission of aliens who were either convicted, or who admitted the commission, of a misdemeanor. Section 1182b, Pub. L. 85-316, §5, Sept. 11, 1957, 71 Stat. 640, permitted admission of an alien spouse, child or parent excludable for crime involving moral turpitude in cases of hardship, when not contrary to national welfare or security, and

  20. Section 1251a - Repealed

    8 U.S.C. § 1251a   Cited 8 times

    8 U.S.C. § 1251a Pub. L. 87-301, §24(a)(3), Sept. 26, 1961, 75 Stat. 657 Section, Pub. L. 85-316, §7, Sept. 11, 1957, 71 Stat. 640, excepted spouse, child or parent of a United States citizen, and aliens admitted between Dec. 22, 1945, and Nov. 1, 1954, inclusive, who misrepresented their nationality, place of birth, identity or residence, provided this latter group did so misrepresent because of fear of persecution because of race, religion or politics if repatriated and not to evade quota restrictions

  21. Section 212.2 - Consent to reapply for admission after deportation, removal or departure at Government expense

    8 C.F.R. § 212.2   Cited 106 times
    Providing that Attorney General may consent to readmission twenty years after aggravated-felony removal

  22. Section 101.1 - Presumption of lawful admission

    8 C.F.R. § 101.1   Cited 4 times

    A member of the following classes shall be presumed to have been lawfully admitted for permanent residence even though a record of his admission cannot be found, except as otherwise provided in this section, unless he abandoned his lawful permanent resident status or subsequently lost that status by operation of law: (a)Prior to June 30, 1906. An alien who establishes that he entered the United States prior to June 30, 1906. (b)United States land borders. An alien who establishes that, while a citizen