Bhagat Singh v. McGrath, 9023.
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
| Writing for the Court | GARRECHT, HANEY, and STEPHENS, Circuit |
| Citation | 104 F.2d 122 |
| Parties | BHAGAT SINGH v. McGRATH, District Director of Immigration, etc. |
| Docket Number | No. 9023.,9023. |
| Decision Date | 10 May 1939 |
104 F.2d 122 (1939)
BHAGAT SINGH
v.
McGRATH, District Director of Immigration, etc.
No. 9023.
Circuit Court of Appeals, Ninth Circuit.
May 10, 1939.
Joseph P. Fallon, Leslie C. Gillen, and Herbert Chamberlin, all of San Francisco, Cal., for appellant.
Frank J. Hennessy, U. S. Atty., and R. B. McMillan and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal. (Arthur J. Phelan, U. S. Immigration and Naturalization Service, of San Francisco, Cal., on the brief), for appellee.
Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.
GARRECHT, Circuit Judge.
By warrant issued January 25, 1938, the appellant was ordered deported to his native India, upon the ground that he was in the United States in violation of section 13(c) of the Immigration Act of 1924, 43 Stat. 161, 8 U.S.C.A. § 213(c).
The alien has the burden of proving his right to remain in the United States. Keizo Kamiyama v. Carr, 9 Cir., 44 F.2d 503, 506; Naranjan Singh v. District Director of Immigration, etc., 9 Cir., 96 F.2d 969. Likewise, the burden is upon the alien to prove lawful entry into this country. 8 U.S.C.A. § 221. If the alien unlawfully entered the United States prior to July 1, 1924, deportation would be barred by the passage of the 5 year period of limitation under section 19 of the Immigration Act of 1917. Ohara v. Berkshire, etc., 9 Cir., 76 F.2d 204, 206; 8 U.S. C.A. § 155. If he entered subsequent to July 1, 1924, the Immigration Act of 1924 permits deportation at any time. 8 U.S.C. A. § 214.
The alien testified that he entered the United States near Calexico, California, May 14, 1924, surreptitiously and without inspection. He presented no witnesses or evidence, at any of the hearings, which
During the various hearings the appellant was confined in San Quentin Prison, San Rafael, Calif. The appellant had been arrested in El Paso, Texas, in 1923, and deported through San Francisco to India, but contended he left the boat at Japan and returned almost immediately to Mexico and made his way into the United States May 14, 1924....
To continue reading
Request your trial
-
Hyun v. Landon, 14058.
...at the place where depositions are being taken is not a denial of due process. As was stated in Bhagat Singh v. McGrath, 9 Cir., 1939, 104 F.2d 122, "Deportation proceedings are civil in nature and the alien need not be confronted by the witnesses; evidence may be obtained by deposition. * ......
-
United States v. Lehmann, Civ. A. No. 31731.
...ground at any time. Ali v. Haff, 9 Cir., 114 F.2d 369; Kunimori Ohara v. Berkshire, 9 Cir., 76 F.2d 204; Bhagat Singh v. McGrath, 9 Cir., 104 F.2d 122. Having entered this country as a member of excluded classes prior to July 1, 1924, to wit, on July 28, 1922, petitioner acquired a status o......
-
Matter of Gonzalez, Interim Decision #2536
...requires that person to justify his presence in the United States, see Ali v. Haff, 114 F.2d 369 (9 Cir.1940); Bhagat Singh v. McGrath, 104 F.2d 122 (9 Cir.1939), cert. denied Bhagat Singh v. Haff, 308 U.S. 629 (1940); Vlisidis v. Holland, 150 F.Supp. 678 (ED Pa 1957); Matter of Fereira, In......
-
Ali v. Haff, 9439.
...at any time. See 8 U.S.C.A. § 155; 8 U.S.C.A. § 214; Ohara v. Berkshire, 9 Cir., 76 F.2d 204, 206; Bhagat Singh v. McGrath, 9 Cir., 104 F.2d 122. Regardless of the date of original entry, however, the governing date is that of the alien's last entry into the United States, no matter for wha......
-
Hyun v. Landon, 14058.
...at the place where depositions are being taken is not a denial of due process. As was stated in Bhagat Singh v. McGrath, 9 Cir., 1939, 104 F.2d 122, "Deportation proceedings are civil in nature and the alien need not be confronted by the witnesses; evidence may be obtained by deposition. * ......
-
United States v. Lehmann, Civ. A. No. 31731.
...ground at any time. Ali v. Haff, 9 Cir., 114 F.2d 369; Kunimori Ohara v. Berkshire, 9 Cir., 76 F.2d 204; Bhagat Singh v. McGrath, 9 Cir., 104 F.2d 122. Having entered this country as a member of excluded classes prior to July 1, 1924, to wit, on July 28, 1922, petitioner acquired a status o......
-
Matter of Gonzalez, Interim Decision #2536
...requires that person to justify his presence in the United States, see Ali v. Haff, 114 F.2d 369 (9 Cir.1940); Bhagat Singh v. McGrath, 104 F.2d 122 (9 Cir.1939), cert. denied Bhagat Singh v. Haff, 308 U.S. 629 (1940); Vlisidis v. Holland, 150 F.Supp. 678 (ED Pa 1957); Matter of Fereira, In......
-
Ali v. Haff, 9439.
...at any time. See 8 U.S.C.A. § 155; 8 U.S.C.A. § 214; Ohara v. Berkshire, 9 Cir., 76 F.2d 204, 206; Bhagat Singh v. McGrath, 9 Cir., 104 F.2d 122. Regardless of the date of original entry, however, the governing date is that of the alien's last entry into the United States, no matter for wha......