Tashnizi v. I.N.S., 78-2303

Decision Date07 December 1978
Docket NumberNo. 78-2303,78-2303
Citation585 F.2d 781
Parties4 Fed. R. Evid. Serv. 324 Syrous TASHNIZI, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Summary Calendar. *
CourtU.S. Court of Appeals — Fifth Circuit

Sauer & Hormachea, Nancy Hormachea, Houston, Tex., for petitioner.

Griffin B. Bell, Atty. Gen., Philip Wilens, Chief, Government Reg. and Labor Section, James P. Morris, Eric Fisher, Attys., Dept. of Justice, Washington, D. C., for respondent.

R. W. Heston, Dist. Director, Immigration and Naturalization Service, Los Fresnos, Tex., Troy A. Adams, Dist. Director, Immigration and Naturalization Service, New Orleans, La., for other interested parties.

On Petition for Review of an order of the Board of Immigration Appeals.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

PER CURIAM.

In this deportation proceeding the immigration judge found the petitioner deportable for failure to comply with the conditions of his nonimmigrant student status, a violation of Section 241(a)(9), Immigration and Nationality Act, 8 U.S.C. 1251(a)(9). The judge ordered that the petitioner be granted voluntary departure, and, in case the petitioner failed to depart voluntarily, the judge further ordered deportation.

The Board of Immigration Appeals dismissed the appeal by the petitioner and ordered the petitioner's departure or deportation as provided in the immigration judge's orders.

The decisions of the immigration judge and the Board of Immigration Appeals were based on two grounds. First, it was determined that the petitioner had been employed without the permission of the Immigration and Naturalization Service (INS), a violation of 8 C.F.R. § 214.2(f)(6). Second, it was determined that the petitioner failed to "pursue a full course of study," a violation of 8 C.F.R. § 214.2(f)(1a) and Section 101(a)(15)(F)(i), Immigration and Nationality Act, 8 U.S.C. § 1101(a)(15)(F)(i). Both these violations are grounds for deportation under 241(a)(9), Immigration and Nationality Act, 8 U.S.C. § 1251(a)(9).

Since we affirm the Board's order and its dismissal of the appeal on the first ground, dealing with the employment of the petitioner, we do not reach the second ground, dealing with the petitioner's pursuit of his studies.

8 C.F.R. § 214.2(F)(6) provides that a nonimmigrant student, while school is in session, may work up to 20 hours per week with the authorization of the INS. Based on evidence presented at the hearing, the immigration judge determined that the petitioner had been working up to 40 hours a week and without any employment authorization from the INS.

The Board of Immigration Appeals correctly ruled that some of the evidence of the petitioner's employment was inadmissible because it was elicited from the petitioner on the stand after he was improperly denied his Fifth Amendment privilege against self-incrimination. The Board was also correct in finding that the letter from the Southland Corporation was admissible even though it was hearsay. Uncontradicted hearsay evidence is admissible in deportation proceedings if it is probative and its use is not " fundamentally unfair so as to deprive petitioner of due process." Marlowe v. INS, 457 F.2d 1314, 1315 (9th Cir. 1972). 1

The determination that the petitioner was employed without INS authorization is supported by reasonable, substantial, and probative evidence on the record. 8 U.S.C. § 1105a(4). Thus, we affirm the order of the Board of Immigration Appeals providing for the voluntary departure of the...

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22 cases
  • Uzuegbu v. Caplinger
    • United States
    • U.S. District Court — Eastern District of Louisiana
    • August 13, 1990
    ...employment. See generally id. § 214.2(f)(9)(i); see also id. § 274a.12(b)(6) (promulgated in May 1987). 4 See Tashnizi v. INS, 585 F.2d 781, 782 (5th Cir.1978) (per curiam); INA § 241(a)(9)(A) (formerly INA § 241(a)(9)), 8 U.S.C. § 1251(a)(9)(A) (formerly 8 U.S.C. § 5 INS agents have prescr......
  • Matter of Sandoval
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • August 20, 1979
    ...privilege against self-incrimination. We will accordingly disregard the respondent's admission in this regard.1 See Tashnizi v. INS, 585 F.2d 781 (5 Cir.1978); Valeros v. INS, 387 F.2d 921 (7 Cir.1967); Estes v. Potter, 183 F.2d 865 (5 Cir.1950), cert. denied, 340 U.S. 920 (1951); Matter of......
  • Choe v. I.N.S.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • December 14, 1993
    ...if it is probative and its use is not 'fundamentally unfair so as to deprive [the alien] of due process.' " Tashnizi v. INS, 585 F.2d 781, 782-83 (5th Cir.1978) (quoting Marlowe v. INS, 457 F.2d 1314 (9th Cir.1972)); see also Cunanan v. INS, 856 F.2d 1373, 1374 (9th Cir.1988) ("test for adm......
  • Kehm v. Procter & Gamble Co.
    • United States
    • U.S. District Court — Northern District of Iowa
    • June 29, 1982
    ...this foundation may be laid are the sender and the recipient of the letter or their representatives. Tashnizi v. Immigration & Naturalization Service, 585 F.2d 781, 783 n. 1 (5th Cir.1978); United States v. Reese, 561 F.2d 894, 903 n. 18 The court discerns another failing of exhibit FP — it......
  • Request a trial to view additional results
2 books & journal articles
  • ELIMINATING THE FUGITIVE DISENTITLEMENT DOCTRINE IN IMMIGRATION MATTERS.
    • United States
    • Notre Dame Law Review Vol. 97 No. 3, March 2022
    • March 1, 2022
    ...fairness.'" (citing Yamataya v. Fisher, 189 U.S. 86 (1903))); see also Mathews v. Diaz, 426 U.S. 67, 77-78 (1976)). (277) Tashnizi v. INS, 585 F.2d 781, 782-83 (5th Cir. 1978) (quoting Marlowe v. INS, 457 F.2d 1314, 1315 (9th Cir. 1972)); Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 505 ......
  • PLEADING THE FIFTH IN IMMIGRATION COURT: A REGULATORY PROPOSAL.
    • United States
    • Washington University Law Review Vol. 98 No. 5, June 2021
    • June 1, 2021
    ...the petitioner on the stand after he was improperly denied his Fifth Amendment privilege against self-incrimination." Tashnizi v. INS, 585 F.2d 781, 782 (5th Cir. (81.) Matter of Ramirez-Sanchez, 17 I&N Dec. 503, 505-06 (BIA 1980). Although "[t]he use of admissions obtained from a respo......

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