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In the Matter of Hemblen

14 I&N Dec. 739 (B.I.A. 1974)
In the Matter of Hemblen

22 Cited authorities

  1. Wong Sun v. United States

    371 U.S. 471 (1963)   Cited 12,398 times   24 Legal Analyses
    Holding evidence stemming from Fourth Amendment violations must be excluded from trial as fruit of the poisonous tree

  2. United States v. Calandra

    414 U.S. 338 (1974)   Cited 3,227 times   12 Legal Analyses
    Holding that the exclusionary rule provides that "evidence obtained in violation of the Fourth Amendment cannot be used in a criminal proceeding against the victim of the illegal search and seizure"

  3. Nardone v. United States

    308 U.S. 338 (1939)   Cited 1,592 times   4 Legal Analyses
    Holding once a defendant proves a government search is illegal, the government may avail itself of an opportunity to demonstrate the information came from an independent source and was not a product of the tainted search

  4. Gelbard v. United States

    408 U.S. 41 (1972)   Cited 392 times   1 Legal Analyses
    Holding that, under 18 U.S.C. § 2515, a witness called before a grand jury can refuse to answer questions based on information obtained in violation of Title III of the Omnibus Crime Control and Safe Streets Act of 1968

  5. Harisiades v. Shaughnessy

    342 U.S. 580 (1952)   Cited 577 times
    Holding that the Ex Post Facto Clause does not apply to deportation orders because "[d]eportation, however severe its consequences, has been consistently classified as a civil rather than a criminal procedure"

  6. Rosenberg v. Fleuti

    374 U.S. 449 (1963)   Cited 241 times   2 Legal Analyses
    Holding that lawful permanent residents who travel abroad should be admitted, even if otherwise inadmissible, if their travel was "brief, casual, or innocent"

  7. In re Evans

    452 F.2d 1239 (D.C. Cir. 1971)   Cited 53 times

    Nos. 71-1499, 71-1521. No. 71-1499. Argued July 14, 1971. Decided July 23, 1971. As amended September 8, 1971. Mr. Philip Hirschkop, Alexandria, Va., for appellants. Mr. Peter Weisman, a member of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court, was also allowed to argue for appellant in No. 71-1499. Mr. Robert L. Keuch, Atty., Department of Justice, Washington, D.C., for appellee. Appeal from the United States District Court for the District of Columbia. Before

  8. Au Yi Lau v. United States Immigration & Naturalization Service

    445 F.2d 217 (D.C. Cir. 1971)   Cited 52 times
    Recognizing that one accosted in apparent attempt to avoid being questioned was not clearly detained against his will when he thereafter readily acquiesced in the investigator's interrogation

  9. Bufalino v. Immigration Naturalization Serv

    473 F.2d 728 (3d Cir. 1973)   Cited 22 times
    Holding that conscious misrepresentation of citizenship at the time of entry cannot be characterized as an innocent excursion calling for Fleuti relief

  10. Fook Hong Mak v. Immigration & Naturalization Service

    435 F.2d 728 (2d Cir. 1970)   Cited 22 times
    In Fook Hong Mak v. Immigration and Naturalization Service, 435 F.2d 728 (2nd Cir., 1970), it was acknowledged that the Attorney General could, in the exercise of his statutorily granted discretion, deny certain benefits to an alien who otherwise met the requirements for obtaining those benefits, so long as the discretion was rationally exercised.

  11. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,956 times   71 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  12. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,323 times   80 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  13. Section 2518 - Procedure for interception of wire, oral, or electronic communications

    18 U.S.C. § 2518   Cited 2,928 times   13 Legal Analyses
    Recognizing that some investigative techniques may be “too dangerous”

  14. Section 2515 - Prohibition of use as evidence of intercepted wire or oral communications

    18 U.S.C. § 2515   Cited 745 times   4 Legal Analyses
    Codifying the fruit of the poisonous tree doctrine for wiretapping evidence

  15. Section 3504 - Litigation concerning sources of evidence

    18 U.S.C. § 3504   Cited 217 times
    Providing that when an aggrieved party alleges that "evidence is inadmissible because it is the primary product of an unlawful act [under the Omnibus Act] or because it was obtained by the exploitation of an unlawful act, the opponent of the claim shall affirm or deny the occurrence of the alleged unlawful act"

  16. Section 211.1 - Visas

    8 C.F.R. § 211.1   Cited 43 times

    (a)General. Except as provided in paragraph (b)(1) of this section, each arriving alien applying for admission (or boarding the vessel or aircraft on which he or she arrives) into the United States for lawful permanent residence, or as a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States, shall present one of the following: (1) A valid, unexpired immigrant visa; (2) A valid, unexpired Form I-551, Permanent Resident Card, if seeking readmission

  17. Section 211.2 - Passports

    8 C.F.R. § 211.2   Cited 4 times

    (a) A passport valid for the bearer's entry into a foreign country at least 60 days beyond the expiration date of his or her immigrant visa shall be presented by each immigrant except an immigrant who: (1) Is the parent, spouse, or unmarried son or daughter of a United States citizen or of an alien lawful permanent resident of the United States; (2) Is entering under the provisions of § 211.1(a)(2) through (a)(7) ; (3) Is a child born during the temporary visit abroad of a mother who is a lawful