In the Matter of Chen

25 Cited authorities

Miranda v. Arizona
384 U.S. 436 (1966) Cited 61,424 times 64 Legal Analyses
Holding that officers must inform suspects that they have a right to remain silent, that anything they say may be used as evidence against them, and that they are entitled to the presence of an attorney, either retained or appointed, prior to the interrogation
Escobedo v. Illinois
378 U.S. 478 (1964) Cited 4,239 times 1 Legal Analyses
Holding that when a suspect is interrogated with the goal of eliciting incriminating statements and the suspect has not been warned about his or her right to remain silent, the denial of the opportunity to consult with the suspect's attorney is a violation of the Sixth Amendment
United States v. Campos-Serrano
404 U.S. 293 (1971) Cited 168 times
Holding that possession of a counterfeit alien registration receipt card was not an offense under Section 1546 because such cards were not "required" for entry
United States v. Springer
460 F.2d 1344 (7th Cir. 1972) Cited 140 times
In United States v. Springer, 460 F.2d 1344, 1354 (7th Cir. 1972), the court observed that the application of the Code of Professional Responsibility is a part of the court's general supervisory authority to ensure fairness to all who bring their cause to the judiciary for resolution.
United States v. Thomas
474 F.2d 110 (10th Cir. 1973) Cited 100 times
Holding that "[t]he problem is initially one for the trial courts"
Coughlan v. United States
391 F.2d 371 (9th Cir. 1968) Cited 91 times
Denouncing interviews of "accused persons in jail in the absence of counsel"
Moore v. Wolff
495 F.2d 35 (8th Cir. 1974) Cited 44 times
No. 73-1774. Submitted March 14, 1974. Decided April 23, 1974. P.M. Conley, Lincoln, Neb., for appellant. James J. Duggan, Asst. Atty. Gen., Lincoln, Neb., for appellee. Appeal from the United States District Court for the District of Nebraska. Before GIBSON, BRIGHT, and STEPHENSON, Circuit Judges. GIBSON, Circuit Judge. Petitioner, Edwin Charles Moore, appeals the District Court's denial of his petition for a writ of habeas corpus. Petitioner was charged and convicted in Nebraska state court of
United States v. Masullo
489 F.2d 217 (2d Cir. 1973) Cited 37 times
Questioning violated neither sixth amendment nor professional ethics
United States v. Cobbs
481 F.2d 196 (3d Cir. 1973) Cited 36 times
In United States v. Cobbs, 481 F.2d 196 (3d Cir.), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973), we held that custodial interrogation in the absence of counsel was permissible if the defendant had freely and intelligently waived his right to have counsel present.
Chavez-Raya v. Immig. Naturalization Serv
519 F.2d 397 (7th Cir. 1975) Cited 29 times
In Chavez-Raya v. Immigration and Naturalization Service, 519 F.2d 397 (7th Cir. 1975) the court concluded that a custodial interrogation that did not involve a Miranda warning did not preclude admission of the alien's statement in a deportation proceeding.
Section 1251 - Transferred
8 U.S.C. § 1251 Cited 2,159 times 1 Legal Analyses
Delineating crimes that make alien deportable
Section 500 - Administrative practice; general provisions
5 U.S.C. § 500 Cited 617 times 12 Legal Analyses
(a) For the purpose of this section- (1) "agency" has the meaning given it by section 551 of this title; and (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to
Section 212.8-212.9 - Reserved
8 C.F.R. § 212.8-212.9 Cited 47 times
8 C.F.R. §212.8-212.9
Section 264.1 - Registration and fingerprinting
8 C.F.R. § 264.1 Cited 36 times 3 Legal Analyses
Enabling regulation for the NSEERS program

In the Matter of Chen

25 Cited authorities

Holding that officers must inform suspects that they have a right to remain silent, that anything they say may be used as evidence against them, and that they are entitled to the presence of an attorney, either retained or appointed, prior to the interrogation

Holding that when a suspect is interrogated with the goal of eliciting incriminating statements and the suspect has not been warned about his or her right to remain silent, the denial of the opportunity to consult with the suspect's attorney is a violation of the Sixth Amendment

Holding that possession of a counterfeit alien registration receipt card was not an offense under Section 1546 because such cards were not "required" for entry

In United States v. Springer, 460 F.2d 1344, 1354 (7th Cir. 1972), the court observed that the application of the Code of Professional Responsibility is a part of the court's general supervisory authority to ensure fairness to all who bring their cause to the judiciary for resolution.

Holding that "[t]he problem is initially one for the trial courts"

Denouncing interviews of "accused persons in jail in the absence of counsel"

Questioning violated neither sixth amendment nor professional ethics

In United States v. Cobbs, 481 F.2d 196 (3d Cir.), cert. denied, 414 U.S. 980, 94 S.Ct. 298, 38 L.Ed.2d 224 (1973), we held that custodial interrogation in the absence of counsel was permissible if the defendant had freely and intelligently waived his right to have counsel present.

In Chavez-Raya v. Immigration and Naturalization Service, 519 F.2d 397 (7th Cir. 1975) the court concluded that a custodial interrogation that did not involve a Miranda warning did not preclude admission of the alien's statement in a deportation proceeding.

Delineating crimes that make alien deportable

Enabling regulation for the NSEERS program