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In the Matter of Swissair "FLIGHT #164"

15 I&N Dec. 111 (B.I.A. 1974)
In the Matter of Swissair "FLIGHT #164"

17 Cited authorities

  1. Richardson v. Perales

    402 U.S. 389 (1971)   Cited 56,528 times
    Holding that, when "presented with the not uncommon situation of conflicting medical evidence . . . [t]he trier of fact has the duty to resolve that conflict"

  2. Vajtauer v. Comm'r of Immigration

    273 U.S. 103 (1927)   Cited 436 times
    Holding that deportation "on charges unsupported by any evidence is a denial of due process which may be corrected on habeas corpus"

  3. 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."

  4. United States ex rel. Tisi v. Tod

    264 U.S. 131 (1924)   Cited 148 times
    In United States ex rel. Tisi v. Tod, 264 U.S. 131, 133, 134, 44 S.Ct. 260, 261, 68 L.Ed. 590, the Supreme Court affirmed the dismissal of a writ of habeas corpus in deportation proceedings against an alien.

  5. Osaka Shosen Line v. U.S.

    300 U.S. 98 (1937)   Cited 51 times

    CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE FIFTH CIRCUIT. No. 224. Argued January 4, 1937. Decided February 1, 1937. 1. In penal statutes, no less than in others, the language, if clear, is conclusive. P. 101. 2. General expressions in an opinion which go beyond the case in which they were used, may be respected, but ought not to control the judgment in a subsequent suit presenting the very point for decision. P. 103. 3. Section 10(a) of the Immigration Act of 1917, as amended, makes it the

  6. Wong Wing Foo v. McGrath

    196 F.2d 120 (9th Cir. 1952)   Cited 49 times
    Holding "that a transcript of a former proceeding is not admissible under the government records exception to prove the truth of matters asserted by a witness quoted therein."

  7. de Hernandez v. Immig. Naturalization Serv

    498 F.2d 919 (9th Cir. 1974)   Cited 11 times
    In Hernandez v. INS, 498 F.2d 919, 921 (9th Cir. 1974), we said that Hibi "held that except for `affirmative misconduct' on the part of the Government, the United States could not be estopped from denying citizenship under the facts existing there."

  8. Wei v. Robinson

    246 F.2d 739 (7th Cir. 1957)   Cited 12 times

    No. 11871. June 28, 1957. Robert Tieken, U.S. Atty., John Peter Lulinski, Asst. U.S. Atty., Chicago, Ill., for appellant. Richard C. Bleloch, John H. Bickley, Jr., Asst. U.S. Attys., Chicago, Ill., of counsel. Franklin A. Cole, David R. Loewenberg, Chicago, Ill., for plaintiff-appellee. Loewenberg, Cole, Wishner, Epstein Marlow, Chicago, Ill., of counsel. Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges. FINNEGAN, Circuit Judge. Wei, plaintiff-alien, successfully tested the legality of the

  9. Navarrette-Navarrette v. Landon

    223 F.2d 234 (9th Cir. 1955)   Cited 14 times

    No. 14343. May 4, 1955. David C. Marcus, Los Angeles, for appellant. Laughlin E. Waters, U.S. Attorney, James R. Dooley, Max F. Deutz, Robert K. Grean, Asst. U.S. Attys., Los Angeles, for appellee. Before STEPHENS and FEE, Circuit Judges, and WIIG, District Judge. WIIG, District Judge. Vicente Navarrette-Navarrette appeals from a judgment of the United States District Court discharging his writ of habeas corpus and ordering him remanded to custody under a final order of deportation. Appellee, Landon

  10. Vlisidis v. Holland

    245 F.2d 812 (3d Cir. 1957)   Cited 10 times
    In Vlisidis v. Holland, 3 Cir., 245 F.2d 812, at page 814, Circuit Judge Hastie said: "Actually, it was necessary to show only the single fact that the respondent was an alien, for, once that is proved, the legislative scheme requires the alien to justify his presence within the United States. 66 Stat. 234, 8 U.S.C. § 1361."

  11. Section 1733 - Government records and papers; copies

    28 U.S.C. § 1733   Cited 110 times

    (a) Books or records of account or minutes of proceedings of any department or agency of the United States shall be admissible to prove the act, transaction or occurrence as a memorandum of which the same were made or kept. (b) Properly authenticated copies or transcripts of any books, records, papers or documents of any department or agency of the United States shall be admitted in evidence equally with the originals thereof. (c) This section does not apply to cases, actions, and proceedings to

  12. Section 1323 - Unlawful bringing of aliens into United States

    8 U.S.C. § 1323   Cited 63 times   2 Legal Analyses
    Prohibiting the landing of stowaways except to receive temporary medical treatment

  13. Section 280.12 - Answer and request or order for interview

    8 C.F.R. § 280.12   Cited 4 times

    Within 30 days following the service of the Notice of Intention to Fine (which period the district director or the Associate Commissioner for Examinations, or the Director for the National Fines Office may extend for an additional period of 30 days upon good cause being shown), any person upon whom a notice under this part has been served may file with the district director or the Associate Commissioner for Examinations, or the Director for the National Fines Office a written defense, in duplicate