Qureshi v. Immigration and Naturalization Service of Dept. of Justice of U.S., No. 74-3946
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | Before BROWN, Chief Judge, and GODBOLD and GEE; GEE |
| Citation | 519 F.2d 1174 |
| Decision Date | 29 September 1975 |
| Docket Number | No. 74-3946 |
| Parties | Manzoor H. QURESHI, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE OF the DEPARTMENT OF JUSTICE OF the UNITED STATES, Respondent. Summary Calendar. * |
Page 1174
v.
IMMIGRATION & NATURALIZATION SERVICE OF the DEPARTMENT OF
JUSTICE OF the UNITED STATES, Respondent.
Fifth Circuit.
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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Bullock v. Resolution Trust Corp., Civil Action No. 3:94-cv-347WS.
...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......
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United States v. Henderson, Crim. No. 162-62.
...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.......
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U.S. ex rel. Marcello v. District Director of Immigration & Naturalization Service, New Orleans, La., No. 79-3219
...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......
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United States v. Green, No. 14-12830
...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......
-
Bullock v. Resolution Trust Corp., Civil Action No. 3:94-cv-347WS.
...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.
...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.......
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U.S. ex rel. Marcello v. District Director of Immigration & Naturalization Service, New Orleans, La., No. 79-3219
...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
...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......