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Aliens - Deportation - Activity Consituting Membership In Communist Party, Mark Shaevsky
Aliens - Deportation - Activity Consituting Membership In Communist Party, Mark Shaevsky
Michigan Law Review
Petitioner, an alien who had resided in the United States since 1914, joined the Communist Party in 1935 and during that year paid dues, attended meetings, and worked briefly at an official outlet for communist literature. He terminated his relationship with the party after approximately one year. At a hearing to consider his possible deportation, the petitioner disclaimed that he had held any belief in the forcible overthrow of government, stating that he had regarded the Communist Party solely as an instrument for securing economic necessities. The Board of Immigration Appeals upheld the hearing officer's finding that petitioner had been …
Constitutional Law - Deportation - Use Of Confidential Information In Denial Of Discretionary Relief, George F. Lynch
Constitutional Law - Deportation - Use Of Confidential Information In Denial Of Discretionary Relief, George F. Lynch
Michigan Law Review
Plaintiffs, husband and wife, were deportable aliens. At deportation hearings the plaintiffs asked the attorney general to grant discretionary suspension of deportation under section 19 (c) of the Immigration Act of 1917, as amended, which provided in part: "In the case of any alien ... who is deportable ... and who has proved good moral character for the preceeding five years, the attorney general may ... (2) suspend deportation ... if he finds (a) that such deportation would result in serious economic detriment to a citizen .... " Plaintiffs had three children who were all American citizens. The hearing officer …
Constitutional Law-Fifth Amendment Due Process-Vague And Indefinite Statute-Right To Trial On Question Of Illegal Presence In United States, Marcus A. Rowden S.Ed.
Constitutional Law-Fifth Amendment Due Process-Vague And Indefinite Statute-Right To Trial On Question Of Illegal Presence In United States, Marcus A. Rowden S.Ed.
Michigan Law Review
Defendant, an alien, against whom an order of deportation had been entered in 1930 by reason of his advocacy of the overthrow of the government by force and violence, was indicted for violation of section 20(c) of the Immigration Act of 1917 as amended, which made it a felony for an alien against whom such an order is outstanding to "willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure." The lower court dismissed the indictment on the ground that the statute in question was unconstitutionally vague and indefinite for …