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In the Matter of Salviejo

13 I&N Dec. 557 (B.I.A. 1970)
In the Matter of Salviejo

12 Cited authorities

  1. United States v. Trudell

    284 U.S. 279 (1932)   Cited 28 times

    CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 162. Argued December 9, 1931. Decided January 4, 1932. 1. Under the Immigration Act of May 26, 1924, § 13(a), (b), and the executive regulations pursuant thereto, an alien who was lawfully domiciled in this country but who went abroad for a temporary visit, cannot reenter unless he has either an immigration visa or a return permit. P. 280. 2. In habeas corpus to determine the right of an alien to enter the country, the burden

  2. Tejeda v. U.S. Immigration Nat. Serv

    346 F.2d 389 (9th Cir. 1965)   Cited 15 times

    No. 18999. May 19, 1965. William C. Wunsch, Faulkner, Sheehan Wiseman, Norman Stiller, San Francisco, Cal., for petitioner. Cecil F. Poole, U.S. Atty., Charles Elmer Collett, Asst. U.S. Atty., San Francisco, Cal., for respondent. Before POPE and BARNES, Circuit Judges, and THOMPSON, District Judge. BARNES, Circuit Judge: This is a petition to review a final order of deportation. Jurisdiction lies with this court under 8 U.S.C. § 1105a and 5 U.S.C. § 1031-1042; Foti v. Immigration and Naturalization

  3. Santos v. U.S. Immigration and Nat. Serv

    421 F.2d 1303 (9th Cir. 1970)   Cited 2 times

    No. 23160. February 13, 1970. Norman Stiller (argued), of Faulkner, Sheehan Wiseman, San Francisco, Cal., for appellant. David R. Urdan (argued), Asst. U.S. Atty., Cecil F. Poole, U.S. Atty., San Francisco, Cal., Stephen M. Suffin, Atty., I.N.S., San Francisco, Cal., John N. Mitchell, Atty. Gen. of the U.S., Washington, D.C., for appellee. Before MADDEN, Judge of the United States Court of Claims; MERRILL and BROWNING, Circuit Judges. Senior Judge, United States Court of Claims, sitting by designation

  4. United States v. Day

    21 F.2d 307 (2d Cir. 1927)   Cited 19 times
    In Lesto v. Day, 21 F.2d 307 (2d Cir. 1927), the court concluded that in order for a visit abroad to be considered temporary, an immigrant must maintain a domicile in the United States and must show an intention to return to the United States in a short time.

  5. United States v. Trudell

    49 F.2d 730 (2d Cir. 1931)   Cited 12 times
    Finding a temporary visit when aliens, upon leaving, "executed an affidavit showing their intention to return within six months," and contacted the American Consul before that period expired when "it became apparent that they needed to remain longer"

  6. United States v. Day

    29 F.2d 485 (2d Cir. 1928)   Cited 11 times

    No. 182. December 3, 1928. Appeal from the District Court of the United States for the Southern District of New York. Application by the United States, on the relation of James C. Thomas, next friend of John and Mary Soas, for a writ of habeas corpus to Benjamin M. Day, Commissioner of Immigration at the Port of New York, bringing into question relators' right to enter the United States as nonquota immigrants. From an order dismissing the writ, relators appeal. Affirmed. James C. Thomas, of New York

  7. United States v. McCandless

    46 F.2d 288 (3d Cir. 1931)   Cited 7 times
    In United States ex rel. Alther v. McCandless, 46 F.2d 288 (3d Cir. 1931), Lothar Alther, a Swiss citizen, was found to be deportable. Alther attained residence status shortly after his entry into the United States in 1912.

  8. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,719 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

  9. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,912 times   69 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  10. Section 1251 - Transferred

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

  11. Section 1181 - Admission of immigrants into the United States

    8 U.S.C. § 1181   Cited 173 times
    Requiring "a valid unexpired visa" or other entry document for admission

  12. Section 101.1 - Presumption of lawful admission

    8 C.F.R. § 101.1   Cited 4 times

    A member of the following classes shall be presumed to have been lawfully admitted for permanent residence even though a record of his admission cannot be found, except as otherwise provided in this section, unless he abandoned his lawful permanent resident status or subsequently lost that status by operation of law: (a)Prior to June 30, 1906. An alien who establishes that he entered the United States prior to June 30, 1906. (b)United States land borders. An alien who establishes that, while a citizen