(DOWNLOAD) "United States v. District Director of Immigration & Naturalization Service" by Fifth Circuit United States Court Of Appeals # Book PDF Kindle ePub Free

eBook details

Title: United States v. District Director of Immigration & Naturalization Service
Author : Fifth Circuit United States Court Of Appeals
Release Date : January 22, 1981
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 89 KB

Description

Carlos Marcello, a foreign national permanently resident in the United States, was first ordered deported in 1953, almost thirty years ago, on the basis of a 1938 marijuana conviction. The order was not executed until 1961, however, when it was apparently executed illegally: arguably Marcello was shanghaied to Guatemala without prior notice to him or his attorney by means of a Guatemalan birth certificate that the Immigration and Naturalization Service (INS) may have known was a forgery. About a month later, Marcello reentered the United States without permission and, later in 1961, was the subject of another deportation order, this one based both on the 1938 conviction and the illegal entry after the apparently irregular 1961 deportation. The validity of neither the 1953 order nor of the 1961 order, insofar as it rests on the 1938 conviction, is contested here. In 1972, Marcello filed an application for suspension of deportation, and in 1976 the Board of Immigration Appeals (Board) denied the application on two independent grounds: that Marcello had not shown the good moral character required for suspension by 8 U.S.C. Â§ 1254(a) and that the Board did not choose to exercise its discretion to suspend deportation. The Board relied primarily on a 1968 conviction for assault and expressly stated that it did not consider Marcello's reentry after the 1961 deportation.