Kwong Hai Chew v. Rogers, 13754.

Citation257 F.2d 606
Decision Date07 May 1958
Docket NumberNo. 13754.,13754.
PartiesKWONG HAI CHEW, Appellant, v. William P. ROGERS, Attorney General of the United States, et al., Appellees.
CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)

Mr. Carl S. Stern, of the bar of the Court of Appeals of New York, pro hac vice by special leave of court, New York City, with whom Mr. David Rein, Washington, D. C., was on the brief, for appellant.

Mr. Harold D. Rhynedance, Jr., Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Lewis Carroll, Asst. U. S. Atty., were on the brief, for appellee.

Before WASHINGTON, DANAHER, and BASTIAN, Circuit Judges.

PER CURIAM.

This case came on for consideration on the transcript of the record and was argued by counsel.

Upon consideration whereof, the court has concluded: (1) that the law of this case is that if Chew is to be deprived of his status — a status described in Kwong Hai Chew v. Colding, 344 U.S. 590 at page 596, 73 S.Ct. 472, at page 477, 97 L.Ed. 576, as "assimilated * * * to that of an alien continuously residing and physically present in the United States" — the Immigration and Naturalization Service may do so only in proceedings in which the Service is the moving party, and bears the burden of proof; (2) that the proceedings here under review were conducted under a different theory than that just stated, to the prejudice of the appellant; and (3) that it is not necessary at this time for this court to express an opinion with respect to the other contentions of the parties in this case.

Now, therefore, it is Ordered by the court that the judgment of the District Court appealed from herein be, and it is hereby, vacated and that this case be, and it is hereby, remanded to the District Court with directions to remand the case to the Immigration and Naturalization Service for reopening of the deportation proceedings and for reconsideration and further findings in the light of the foregoing and of Rowoldt v. Perfetto, 1957, 355 U.S. 115, 78 S.Ct. 180, 2 L.Ed.2d 140.

To continue reading

Request your trial
18 cases
  • Rafeedie v. INS, Civ. A. No. 88-0366.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • June 15, 1988
    ...8 C.F.R. § 236.2(e). If the alien is a permanent resident, the burden of proving excludability is on the government. Kwong Hai Chew v. Rogers, 257 F.2d 606 (D.C.Cir.1958).17 The decision of the immigration judge must include a discussion of the evidence and findings as to excludability. 8 C......
  • Sabino v. Reno, CIV. A. H-97-3884.
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • June 1, 1998
    ...is on the INS in deportation proceedings, but on the alien in exclusion proceedings. See 8 U.S.C. § 1361 (1994).4 In Kwong Hai Chew v. Rogers, 257 F.2d 606 (D.C.Cir.1958), however, the court held that if the alien in exclusion proceedings is a returning resident the INS must bear the burden......
  • Olvera v. Reno
    • United States
    • United States District Courts. 5th Circuit. United States District Courts. 5th Circuit. Southern District of Texas
    • September 23, 1998
    ...of charges, and were entitled to have the government bear the burden of proof. See Landon, 103 S.Ct. at 329-31; Kwong Hai Chew v. Rogers, 257 F.2d 606 (D.C.Cir.1958). Nonetheless, differences between exclusion and deportation proceedings remained, even for the resident alien. See Landon, 10......
  • Rafeedie v. I.N.S., s. 88-5240
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • July 21, 1989
    ...If the alien is a permanent resident (like Rafeedie), then the burden is on the INS to establish his excludability. Kwong Hai Chew v. Rogers, 257 F.2d 606 (D.C.Cir.1958). Finally, any decision to exclude the alien is appealable to the Board of Immigration Appeals, 8 C.F.R. Secs. 236.7, 3.36......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT