Medeiros v. Brownell, 13645.
| Decision Date | 17 January 1957 |
| Docket Number | No. 13645.,13645. |
| Citation | 99 US App. DC 396,240 F.2d 634 |
| Parties | Valentim Joao MEDEIROS, Appellant, v. Herbert BROWNELL, Jr., Attorney General of the United States, Appellee. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Mr. J. J. Kilimnik, of the bar of the Supreme Court of Pennsylvania, Philadelphia, Pa., pro hac vice, by special leave of Court, with whom Mr. Lawrence Potamkin, Washington, D. C., was on the brief, submitted on the brief for appellant.
Mr. John W. Kern, III, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Mrs. Ellen L. Park, Asst. U. S. Attys., were on the brief, submitted on the brief for appellee.
Before PRETTYMAN, WILBUR K. MILLER and BURGER, Circuit Judges.
Appellant Medeiros, a native and citizen of Portugal, entered the United States on August 14, 1955 as a nonimmigrant visitor for pleasure. It is not disputed that his legal right to remain in the United States under the terms of his entry expired on February 2, 1956.
The record indicates Medeiros obtained employment eight days after his arrival and failed to depart in accordance with the terms of his entry. On May 7, 1956 Medeiros was approached by two Immigration Officers who, after identifying themselves, requested his passport and related documents. When Medeiros advised the officers his papers were at his residence, the officers accompanied him to his home where a Portuguese passport was produced upon request. Medeiros also surrendered to the officers several check stubs and three sheets of paper, identified as affidavits. Medeiros then went to the Immigration Office in temporary custody of the Immigration Officers for purposes of interrogation.
The following day, May 8, Medeiros again appeared at the Immigration Office where a sworn statement was made and he was served with a warrant of arrest and released on bond the same day.
At the deportation hearing held on May 16, 1956, Medeiros testified, over objection of counsel, as to his alienage, the date and condition of his entry and his unauthorized overstay. The warrant of arrest and record of sworn statement, both dated May 8, 1956, were also admitted in evidence. A deportation order1 was entered by the special inquiry officer granting voluntary departure in lieu of deportation, and Medeiros was subsequently given to November 12, 1956 to effect his departure.
Appellant alleged in his complaint for a declaratory...
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Katris v. Immigration and Naturalization Service
...Service, 413 F.2d 686, 689 (2d Cir. 1969); Vlissidis v. Anadell, 262 F.2d 398, 400 (7th Cir. 1959); Medeiros v. Brownell, 99 U.S.App.D.C. 396, 397, 240 F.2d 634, 635 (D.C.Cir. 1957); Guzman-Flores v. Immigration and Naturalization Service, 496 F.2d 1245, 1247-48 (7th Cir. 1974). This court ......
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Matter of Cheung, Interim Decision Number 2106
... ... Supp. 567 (E.D. Mich., 1956); Vlisidis v. Holland, 245 F.2d 812 (3 Cir., 1957); Coelho v. Brownell, 240 F.2d 635 (D.C. Cir., 1957); Doto v. United States, 223 F.2d 309, 310 (D.C. Cir., 1955), cert ... INS, supra; Au Chiu Pang v. INS, supra; Medeiros v ... 13 I&N Dec. 797 ... Brownell, 240 F.2d 634 (D.C. Cir., 1957); and Da Silva Pereira v. Murff, ... ...
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Petition of Moy Wing Yin
...at the deportation hearings were sufficient in themselves to provide the basis for a finding of deportability. Medeiros v. Brownell, 1957, 99 U.S.App.D.C. 396, 240 F.2d 634; United States ex rel. Avramovich v. Lehmann, 6 Cir., 1956, 235 F.2d 260, certiorari denied, 1957, 355 U.S. 905, 78 S.......
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La Franca v. Immigration and Naturalization Service
...The issues are simple, and we see no reason to delay further the final determination of this case. 8 See also Medeiros v. Brownell, 99 U.S. App.D.C. 396, 240 F.2d 634, 1957; Vlissidis v. Anadell, 262 F.2d 398, 7 Cir. 1959; Pineiro-Lopez v. Kennedy, 110 U.S.App.D.C. 352, 293 F.2d 540, 1961, ......