Ah Chiu Pang v. Immigration and Naturalization Service, No. 15841.
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 368 F.2d 637 |
| Parties | AH CHIU PANG, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE. |
| Docket Number | No. 15841. |
| Decision Date | 28 October 1966 |
368 F.2d 637 (1966)
AH CHIU PANG, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE.
No. 15841.
United States Court of Appeals Third Circuit.
Argued October 3, 1966.
Decided October 28, 1966.
Gerald I. Roth, Allentown, Pa., for petitioner.
Merna B. Marshall, Asst. U. S. Atty., Philadelphia, Pa., for respondent.
Before FORMAN, FREEDMAN and SEITZ, Circuit Judges.
OPINION OF THE COURT
PER CURIAM.
Two Investigators of the Immigration and Naturalization Service on a regular search operation and with information of recent desertions from Chinese vessels in their area entered the kitchen of Rube's Restaurant in Allentown, Pennsylvania, which served primarily Chinese food. After identifying themselves and speaking to two employees in the presence of the petitioner, Ah Chiu Pang, one of the Investigators asked petitioner for his passport or other identification. According to the Investigator, petitioner appeared to understand some English and replied that he had no papers and was prepared to go with the Investigator.
Two days later petitioner appeared at the Philadelphia office of the Immigration and Naturalization Service where he was questioned by agents with the aid of an interpreter. Petitioner's answers were reduced to a narrative statement written on an official form head-noted by a printed acknowledgment that the Investigator had identified himself in his official capacity and that the signatory to the statement was willing to swear to it and had the understanding that it must be made freely and might be used by the Government as evidence in proceedings against him. The printed matter was followed by a writing in the hand of the Investigator of a statement by the petitioner in which he admitted, among other things, that he had last arrived in the United States on the S.S. Clydefield as a member of the crew on September 4, 1962 and was refused permission by authorities to go ashore; that nevertheless he did go ashore with another crew member who showed a paper to the guard at the gate and both were passed through; that petitioner failed to return to the ship; and that he had been in the United States ever since. Both of two pages comprising the statement bear the signature of Ah Chiu Pang and a certificate by the interpreter to the effect that he had read the statement to Ah Chiu Pang who stated that he understood it and it was true and correct.
Thereafter at the hearing before a Special Inquiry Officer of the Immigration and Naturalization Service the petitioner was represented by counsel. The Investigator of the Service testified in substance to the pertinent foregoing facts. The interpreter, a part-time employee of the Service for two and a half years, was unable to recall whether petitioner was the person who signed the statement, although he testified that at the hearing...
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Bufalino v. Immigration and Naturalization Service, No. 16736.
...statutes are not penal in nature. See Woodby v. I.N.S., 385 U.S. 276, 285, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966); Ah Chiu Pang v. I.N.S., 368 F.2d 637, 639 (3d Cir. 1966), cert. denied, 386 U.S. 1037, 87 S.Ct. 1490, 18 L.Ed.2d 601 (1967). And the juxtaposition of the terms "reasonably excusab......
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Matter of Sandoval, Interim Decision Number 2725
...Matter of T____, 9 I&N Dec. 646, 647 (BIA 1962); Matter of Pang; 11 I&N Dec. 213 (BIA 1965), aff'd sub nom.; Ah Chiu Pang v. INS, 368 F.2d 637 (3 Cir.1966), cert. denied, 386 U.S. 1037; Matter of Chen, 12 I&N Dec. 603 (BIA 1968); Matter of Yam, 12 I&N Dec. 676 (BIA 1968), aff'd Yam Sang Kwa......
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US v. Montoya-Robles, No. 96-CR-0064-S.
...L.Ed.2d 92; Nason v. Immigration & Naturalization Serv., 2 Cir.1967, 370 F.2d 865; Pang v. Immigration & Naturalization Serv., 3 Cir.1966, 368 F.2d 637, cert. denied, 386 U.S. 1037, 87 S.Ct. 1490, 18 L.Ed.2d In Chavez-Raya v. Immigration and Naturalization Service, 519 F.2d 397 (7th Cir. 19......
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Ramirez v. Immigration and Naturalization Service, No. 76-2113
...S.Ct. 482, 17 L.Ed.2d 362 (1966); Harisiades v. Shaughnessey, 342 U.S. 580, 72 S.Ct. 512, 96 L.Ed. 586 (1952); Ah Chiu Pang v. I&NS, 368 F.2d 637 (3rd Cir. 1966). Constitutional due process requirements under the Fifth Amendment are satisfied by a full and fair hearing. Cf. Antolos v. I&NS,......
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Matter of Sandoval, Interim Decision Number 2725
...Matter of T____, 9 I&N Dec. 646, 647 (BIA 1962); Matter of Pang; 11 I&N Dec. 213 (BIA 1965), aff'd sub nom.; Ah Chiu Pang v. INS, 368 F.2d 637 (3 Cir.1966), cert. denied, 386 U.S. 1037; Matter of Chen, 12 I&N Dec. 603 (BIA 1968); Matter of Yam, 12 I&N Dec. 676 (BIA 1968), aff'd Yam Sang Kwa......
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US v. Montoya-Robles, No. 96-CR-0064-S.
...L.Ed.2d 92; Nason v. Immigration & Naturalization Serv., 2 Cir.1967, 370 F.2d 865; Pang v. Immigration & Naturalization Serv., 3 Cir.1966, 368 F.2d 637, cert. denied, 386 U.S. 1037, 87 S.Ct. 1490, 18 L.Ed.2d In Chavez-Raya v. Immigration and Naturalization Service, 519 F.2d 397 (7th Cir. 19......
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Bufalino v. Immigration and Naturalization Service, No. 16736.
...statutes are not penal in nature. See Woodby v. I.N.S., 385 U.S. 276, 285, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966); Ah Chiu Pang v. I.N.S., 368 F.2d 637, 639 (3d Cir. 1966), cert. denied, 386 U.S. 1037, 87 S.Ct. 1490, 18 L.Ed.2d 601 (1967). And the juxtaposition of the terms "reasonably excusab......
-
Ramirez v. Immigration and Naturalization Service, No. 76-2113
...S.Ct. 482, 17 L.Ed.2d 362 (1966); Harisiades v. Shaughnessey, 342 U.S. 580, 72 S.Ct. 512, 96 L.Ed. 586 (1952); Ah Chiu Pang v. I&NS, 368 F.2d 637 (3rd Cir. 1966). Constitutional due process requirements under the Fifth Amendment are satisfied by a full and fair hearing. Cf. Antolos v. I&NS,......