Qureshi v. Immigration and Naturalization Service of Dept. of Justice of U.S., No. 74-3946

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtBefore BROWN, Chief Judge, and GODBOLD and GEE; GEE
Citation519 F.2d 1174
Decision Date29 September 1975
Docket NumberNo. 74-3946
PartiesManzoor H. QURESHI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE OF the DEPARTMENT OF JUSTICE OF the UNITED STATES, Respondent. Summary Calendar. *

Page 1174

519 F.2d 1174
Manzoor H. QURESHI, Petitioner,
v.
IMMIGRATION & NATURALIZATION SERVICE OF the DEPARTMENT OF
JUSTICE OF the UNITED STATES, Respondent.
No. 74-3946
Summary Calendar. *
United States Court of Appeals,
Fifth Circuit.
Sept. 29, 1975.

Page 1175

Chandler R. Bridges, Decatur, Ga., for petitioner.

Edward H. Levi, U. S. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., John W. Stokes, Jr., U. S. Atty., Fred P. McCleskey, Dist. Director, Immig. & Nat., Atlanta, Ga., Troy A. Adams, Jr., Dist. Director, Immig. & Nat., New Orleans, La., John L. Murphy, Chief, Rex Young, Atty., Dept. of Justice, Gov. Reg. Sec. Crim. Div., Washington, D. C., for respondent.

Petition for Review of Order of the Immigration and Naturalization Service (Georgia Case).

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.

GEE, Circuit Judge:

Manzoor H. Qureshi, an alien, seeks review of a deportation order issued by the Immigration and Naturalization Service and a grant of lawful permanent resident status on grounds that in deporting him the Service relied impermissibly on a conviction based on a nolo contendere plea and that 8 U.S.C. § 1151(b) unconstitutionally discriminates against United States citizens who are minors. We disagree with his contentions.

8 U.S.C. § 1251(a)(5) declares an alien deportable if he has been convicted under 18 U.S.C. § 1546. In pertinent part that statute provides:

Whoever knowingly makes under oath any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement

Shall be fined not more than $2,000 or imprisoned not more than five years, or both.

Qureshi was convicted of violating § 1546, and his deportation is based on this conviction.

Qureshi argues, however, that since his conviction resulted from a nolo contendere plea it cannot occasion deportation, citing Piassick v. United States, 253 F.2d 658 (5th Cir. 1958) and Mickler v. Fahs, 243 F.2d 515 (5th Cir. 1957). These cases set forth the rule of our circuit that a conviction based on a nolo plea may not be used as evidence of guilt or for impeachment purposes in any proceeding but that in which the plea is entered. United States v. Ward, 481 F.2d 185, 186 (5th Cir. 1973). But this is a rule of evidence. As we explained in Piassick, ...

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20 practice notes
  • Bullock v. Resolution Trust Corp., Civil Action No. 3:94-cv-347WS.
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • November 9, 1995
    ...The Fifth Circuit left intact this constitutional line and found that there is no state action in nonjudicial foreclosures. Barrera, 519 F.2d at 1174. Bullock next claims that various actions of the private individual, defendant Jane Haddock, provide the necessary "state action" t......
  • United States v. Henderson, Crim. No. 162-62.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • December 28, 1979
    ...to derive a definition for the word "conviction." See, e. g., Qureshi v. Immigration & N. S. Dept. of J. of United States, 519 F.2d 1174, 1175-76 (5th Cir. 1975) (looks to Congressional intent of "conviction" in 18 U.S.C. § 1251(a)(5)); Zabanazad v. Rosenberg, 306 F.......
  • U.S. ex rel. Marcello v. District Director of Immigration & Naturalization Service, New Orleans, La., No. 79-3219
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 22, 1981
    ...Of this, he served four years and was pardoned-the latter being a circumstance irrelevant for present purposes. Cf. Qureshi v. I. N. S., 519 F.2d 1174 (5th Cir. 1975) (fact of conviction is all that is relevant under deportation statute; thus, fact that conviction resulted from plea of nolo......
  • United States v. Green, No. 14-12830
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • November 30, 2016
    ...cases).In contexts not involving sentencing, we have also treated nolo convictions as we would any other conviction. See Qureshi v. INS , 519 F.2d 1174, 1175–76 (5th Cir. 1975) (deportation of an individual following a criminal conviction, under immigration statute calling for deportation b......
  • Request a trial to view additional results
20 cases
  • Bullock v. Resolution Trust Corp., Civil Action No. 3:94-cv-347WS.
    • United States
    • United States District Courts. 5th Circuit. Southern District of Mississippi
    • November 9, 1995
    ...The Fifth Circuit left intact this constitutional line and found that there is no state action in nonjudicial foreclosures. Barrera, 519 F.2d at 1174. Bullock next claims that various actions of the private individual, defendant Jane Haddock, provide the necessary "state action" t......
  • United States v. Henderson, Crim. No. 162-62.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • December 28, 1979
    ...to derive a definition for the word "conviction." See, e. g., Qureshi v. Immigration & N. S. Dept. of J. of United States, 519 F.2d 1174, 1175-76 (5th Cir. 1975) (looks to Congressional intent of "conviction" in 18 U.S.C. § 1251(a)(5)); Zabanazad v. Rosenberg, 306 F.......
  • U.S. ex rel. Marcello v. District Director of Immigration & Naturalization Service, New Orleans, La., No. 79-3219
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • January 22, 1981
    ...Of this, he served four years and was pardoned-the latter being a circumstance irrelevant for present purposes. Cf. Qureshi v. I. N. S., 519 F.2d 1174 (5th Cir. 1975) (fact of conviction is all that is relevant under deportation statute; thus, fact that conviction resulted from plea of nolo......
  • United States v. Green, No. 14-12830
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • November 30, 2016
    ...cases).In contexts not involving sentencing, we have also treated nolo convictions as we would any other conviction. See Qureshi v. INS , 519 F.2d 1174, 1175–76 (5th Cir. 1975) (deportation of an individual following a criminal conviction, under immigration statute calling for deportation b......
  • Request a trial to view additional results

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