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In the Matter of Gutnick

13 I&N Dec. 412 (B.I.A. 1969)
In the Matter of Gutnick

10 Cited authorities

  1. Costello v. Immigration Service

    376 U.S. 120 (1964)   Cited 75 times   2 Legal Analyses
    Holding that "a person now an alien who was convicted of the two crimes in question while he was a naturalized citizen" is not deportable under the provision

  2. Sawkow v. Immigration and Naturalization Serv

    314 F.2d 34 (3d Cir. 1963)   Cited 24 times
    Holding that INS failed to prove that crimes of receiving stolen vehicle and stealing a different vehicle one day later were not part of a single scheme

  3. Wood v. Hoy

    266 F.2d 825 (9th Cir. 1959)   Cited 28 times
    In Wood, we rejected the BIA’s interpretation as "not what the statute says" because the BIA "applied the statute as if it read ‘single criminal act’ " rather than "single scheme of criminal misconduct."

  4. Chanan Din Khan v. Barber

    253 F.2d 547 (9th Cir. 1958)   Cited 24 times
    In Chanan Din Kahn v Barber (253 F.2d 547), the court held that fraudulent filing of tax returns for two successive years were not crimes arising out of a single scheme of criminal misconduct.

  5. Costello v. Immigration Naturalization Serv

    311 F.2d 343 (2d Cir. 1962)   Cited 17 times
    In Costello, supra, we held that where the acts constituting the commission of two crimes are separated by a substantial interval of time, a special inquiry officer of the Immigration and Naturalization Service would be required to find that an alien had been convicted of two crimes not arising out of a single scheme of criminal misconduct, in the absence of additional facts to support an inference that the two crimes were related. 311 F.2d at 347.

  6. Nason v. Immigration and Naturalization Serv

    394 F.2d 223 (2d Cir. 1968)   Cited 11 times   1 Legal Analyses
    In Nason v. INS, 394 F.2d 223 (2d Cir. 1968), this Court adopted an expansive definition of the phrase, permitting a specific, coherent plan of future action to constitute a single scheme of criminal misconduct.

  7. Maroon v. Immigration Naturalization Service

    364 F.2d 982 (8th Cir. 1966)   Cited 8 times
    In Maroon v. Immigration Naturalization Service, 364 F.2d 982 (CA8 1966), the alleged alien — somewhat like petitioner here — changed his story between the deportation proceedings and judicial review, in the face of solid contrary documentation offered by the Service.

  8. Jeronimo v. Murff

    157 F. Supp. 808 (S.D.N.Y. 1957)   Cited 9 times
    In Jeronimo v Murff (157 F. Supp. 808), the defendant was convicted of several larceny crimes and one count of conspiracy in a single trial.

  9. Zito v. Moutal

    174 F. Supp. 531 (N.D. Ill. 1959)   Cited 7 times
    In Zito v Moutal (174 F. Supp. 531), the defendant was convicted at a single trial of two counts of illegal possession of untaxed liquor.

  10. Section 1251 - Transferred

    8 U.S.C. § 1251   Cited 2,159 times   1 Legal Analyses
    Delineating crimes that make alien deportable