Loufakis v. United States, 5872.
| Decision Date | 27 January 1936 |
| Docket Number | No. 5872.,5872. |
| Citation | 81 F.2d 966 |
| Parties | LOUFAKIS v. UNITED STATES. |
| Court | U.S. Court of Appeals — Third Circuit |
David B. Fawcett, of Pittsburgh, Pa., for appellant.
D. Lloyd Claycomb and Horatio S. Dumbauld, both of Pittsburgh, Pa., for appellee.
Before DAVIS and THOMPSON, Circuit Judges, and DICKINSON, District Judge.
This is an appeal from an order of the District Court for the Western District of Pennsylvania. Immigration inspectors instituted deportation proceedings against the appellant, an alien, by virtue of section 14 of the Immigration Act of May 26, 1924 (8 U.S.C.A. § 214), alleging that he was unlawfully within the United States. At a preliminary hearing before an immigration inspector the appellant admitted that he was an alien of Greek nationality, but refused to answer any and all questions affecting his right to be and remain in the United States. The government thereupon petitioned that a subpœna issue from the District Court directing the appellant to appear before an immigration inspector, to produce his identification card or passport, and to answer questions. The appellant contested the power of the court to make the order. This issue was heard upon a rule to show cause, which was discharged. The appeal was dismissed on the ground that there was no final order. Loufakis v. United States (C.C.A.) 75 F.(2d) 627. Thereafter the appellant was adjudged in contempt. The appeal is from that order.
The appellant maintains that section 16 of the Act of Feb. 5, 1917 (8 U.S.C.A. § 152), does not apply to deportation proceedings, but applies solely to exclusion cases; and that if construed so as to apply to deportation proceedings, it is unconstitutional in that it authorizes an order which compels a defendant to testify against himself. We find no invasion of the appellant's constitutional rights by the order directing him to answer questions relative to his right to reside within the United States. The constitutional guarantee against self-incrimination is applicable to criminal but not to civil proceedings. Deportation proceedings are civil in character and the person arrested may be compelled by legal process to testify. United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 44 S.Ct. 54, 68 L.Ed. 221. The sole remaining question raised by the appellant is whether section 16 confers jurisdiction upon the District Court to issue the order requiring the alien to testify. This section provides:
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United States v. Parson
...refer to a person who is in the United States and desires to continue to reside therein. They were so interpreted in Loufakis v. United States, 3 Cir., 1936, 81 F.2d 966. The interpretation accords with the evident aim of the The power given to courts to command attendance before the Commis......
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...and any failure to obey such order of the court may be punished by the court as a contempt thereof." (Italics ours.) See Loufakis v. United States, 3 Cir., 81 F.2d 966. As to the portion of the answer or "plea in bar" dealing with self incrimination, two questions are presented: the first i......
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Sherman v. Hamilton, 5841.
...whose potential deportation was the subject of the investigation in connection with which the subpoena was issued. See Loufakis v. United States, 3 Cir., 1936, 81 F.2d 966; Graham v. United States, 9 Cir., 1938, 99 F.2d We believe that the fact that it has been twice held under predecessor ......
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