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In the Matter of Valdovinos

18 I&N Dec. 343 (B.I.A. 1982)
In the Matter of Valdovinos

16 Cited authorities

  1. Woodby v. Immigration Service

    385 U.S. 276 (1966)   Cited 748 times
    Holding that "no deportation order may be entered unless it is found by clear, unequivocal, and convincing evidence that the facts alleged as grounds for deportation are true"

  2. Carlson v. Landon

    342 U.S. 524 (1952)   Cited 630 times   1 Legal Analyses
    Holding that mandatory detention of Communist noncitizens in removal proceedings does not violate the Due Process Clause

  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. Mahler v. Eby

    264 U.S. 32 (1924)   Cited 230 times   1 Legal Analyses
    Holding that the government failed to comply "with all the statutory requirements"

  5. Bugajewitz v. Adams

    228 U.S. 585 (1913)   Cited 91 times
    Holding that the determination that an alien is an undesirable person "is not a conviction of crime, nor is the deportation a punishment; it is simply a refusal by the Government to harbor persons whom it does not want"

  6. Oliver v. U.S. Dept. of Justice, I. N. Serv

    517 F.2d 426 (2d Cir. 1975)   Cited 32 times
    Finding that the petitioner did not qualify as a national because she continued to owe allegiance to Canada and had not chosen to renounce that allegiance by naturalizing

  7. 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.

  8. LeTourneur v. I. N. S

    538 F.2d 1368 (9th Cir. 1976)   Cited 25 times
    Holding that deportation cannot constitute criminal punishment under the Eighth Amendment

  9. People v. McMillan

    110 Cal.App.3d 682 (Cal. Ct. App. 1980)   Cited 8 times
    Declining to provide additional guidance to the trial court

  10. In re Chamberlain

    78 Cal.App.3d 712 (Cal. Ct. App. 1978)   Cited 8 times

    Docket No. 31071. March 15, 1978. Page 713 COUNSEL Paul Halvonik, State Public Defender, under appointment by the Court of Appeal, Charles M. Sevilla, Chief Assistant State Public Defender, and Edward H. Schulman, Deputy State Public Defender, for Petitioner. Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari and John A. Saurenman, Deputy Attorneys General, for Respondent. OPINION FILES, P.J. In this habeas

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,425 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

  12. Section 1251 - Transferred

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

  13. Section 2900.5 - Credit to period of confinement

    Cal. Pen. Code § 2900.5   Cited 2,189 times
    Defining “term of imprisonment” to include “any period of imprisonment imposed as a condition of probation”

  14. Section 1254 - Repealed

    8 U.S.C. § 1254   Cited 1,130 times   1 Legal Analyses
    Describing suspension-of-deportation eligibility

  15. Section 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

    8 U.S.C. § 1103   Cited 821 times   4 Legal Analyses
    Granting the Attorney General power to "establish such regulations" and "review . . . administrative determinations in immigration proceedings"