What is the test for making an objection at a deportation hearing?

MultiRegion, United States of America

The following excerpt is from United States v. Shaughnessy, 197 F.2d 65 (2nd Cir. 1952):

--------

Notes:

1 United States ex rel. Harisiades v. Shaughnessy, 2 Cir., 187 F.2d 137, 140, affirmed 342 U.S. 580; 72 S.Ct. 512, 8 C.F.R. 151.2(a) to (d). And relator is not in a position to assert that, independently of the Administrative Procedure Act, 5 U.S.C.A. 1001 et seq., he was denied due process since no objection was made at the hearing. See Harisiades v. Shaughnessy, 342 U.S. 580, 583, n. 4, 72 S.Ct. 512.

2 There is such a requirement at the investigative stage of the proceedings, 8 C.F.R. 150.1(c) (2), but relator's statements here were made at the deportation hearing.

3 United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 155, 44 S.Ct. 54, 68 L.Ed. 221.

4 See Kwock Jan Fat v. White, 253 U.S. 454, 459, 40 S.Ct. 566, 64 L.Ed. 1010; Bilokumsky v. Tod, 263 U.S. 149, 157, 44 S.Ct. 54, 68 L.Ed. 221.

Notes:

1 United States ex rel. Harisiades v. Shaughnessy, 2 Cir., 187 F.2d 137, 140, affirmed 342 U.S. 580; 72 S.Ct. 512, 8 C.F.R. 151.2(a) to (d). And relator is not in a position to assert that, independently of the Administrative Procedure Act, 5 U.S.C.A. 1001 et seq., he was denied due process since no objection was made at the hearing. See Harisiades v. Shaughnessy, 342 U.S. 580, 583, n. 4, 72 S.Ct. 512.

2 There is such a requirement at the investigative stage of the proceedings, 8 C.F.R. 150.1(c) (2), but relator's statements here were made at the deportation hearing.

3 United States ex rel. Bilokumsky v. Tod, 263 U.S. 149, 155, 44 S.Ct. 54, 68 L.Ed. 221.

Other Questions


Can a person who makes a political contribution to their own campaign be denied a right to make their own speech if they are not allowed to make it free? (MultiRegion, United States of America)
Does a judge have authority to order that a person who has not had a hearing be allowed to attend the hearing before the hearing of the motion, or is not permitted to do so? (MultiRegion, United States of America)
Is an indigent alien entitled to have counsel furnished at government expense at a deportation hearing where the furnishing of counsel might have an effect upon the outcome of the hearing itself? (MultiRegion, United States of America)
Is the evidence insufficient to support any of the 12 convictions for conspiracy to make false statements, making, and aiding and abetting in making false statements to federally insured financial institutions? (MultiRegion, United States of America)
Does a judge make an error in not requiring the government to disclose the name of an informant at the hearing on the motion to suppress? (MultiRegion, United States of America)
Is it necessary to make a motion in writing during a hearing or trial? (MultiRegion, United States of America)
What is the difference between a civil commitment hearing and a criminal commitment hearing? (MultiRegion, United States of America)
How have courts interpreted the meaning of the word "hearing" in a hearing? (MultiRegion, United States of America)
Does a court's admission in evidence over objection of certain objects seized from his home after he had been taken to and detained at the police station constitute a violation of his Fourteenth Amendment rights? (MultiRegion, United States of America)
Does counsel's refusal to renew his objection because it was so forcefully presented and unequivocally rebuffed by the court that it was apparent that further efforts to object would be unavailing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.