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Deportation grounds-Continued

entry without inspection-Continued
false and misleading statements,

see Deportation grounds, entry
by false and misleading state-

physically present for inspection,
as factor; vol. I, p. 386, vol.
III, p. 136

seaman, applicability to; vol. I,
p. 403

within city limits where port of
entry is located; vol. I, p. 617,
vol. II, p. 214

existing at time of entry, see Ex-
clusion grounds


Foreign Agents' Registration
conviction: 1943 vol. IV. p. 269
Foreign Agents Registration Act;
conviction; deportabi'ity under Act
of May 10, 1920; vol. III, p. 310
"Gigolo Act" of May 14, 1937:

absence of evidence of fraud;
annulment ab initio not neces-
sary, vol. III, p. 102

admission, as wife of veteran
under Act of Dec. 28, 1945;
vol. III, p. 73

annulment of foreign marriage
valid where entered into, vol.
III, p. 25

head tax, failure to pay, vol. II, p. 250
lodging new grounds, vol. IV, p. 556
multiple charges, vol. IV, p. 684

Act Feb. 18, 1931, as amended;
unlawful concealing and pos-
sessing fraudently imported
opium; violation 21 U. s. c.
174; necessity for sentence
after conviction, vol. III, p. 620
Act 1909, as amended; convic-
tion under Harrison Act of
Dec. 17, 1914, as ground for
deportation under; require-
ment of sentence of year or
more; vol. III, p. 460
effect of reentry; 1931 Act dis-
tinguished from 1909 Act, as
amended; vol. III, p. 460
violation before 1909 Act; vol.
III, p. 387

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employed at place frequented by
prostitutes, vol. II, p. 250
inmate of house; vol. III, p. 155
management of house, connected
with; vol. III, p. 20

managing house, found; vol. II,
pp. 659, 767, vol. III, p. 20
managing house, found; convic-
tion of keeping disorderly
house, as evidence ; vol. I,
p. 217

managing house, found; house of
assignation distinguished; city
ordinances, Tampa, Fla.; vol.
III, p. 199

practicing; single act for gain by
waitress; vol. II, p. 50

previously deported in connection
with; vol. III, p. 820

proximity of proscribed acts to
time proceedings began, vol. II,
p. 325

sharing prostitute's earnings, vol.
II, p. 659, 767

timely service of warrant of ar-
rest, vol. II, pp. 324, 659, 767,
vol. III, p. 20

public charge, became, within five
years after entry:

demand for payment, necessity

for; vol. II, pp. 538, 694
Illinois State Hospital, vol. III,

p. 323

state hospital for criminally in-
sane, vol. IV, p. 565

remained longer; seaman; departure
prevented by arrest which resulted
in acquittal, vol. III, p. 221
sentenced for year or more; new trial
granted after sentence partly
served, resulting in resentence to
probation, vol. III, p. 187
sentenced more than once; applica-
tion of rule enunciated in Fong
Haw Tan v. Phelan, 333 U. S. 6;
vol. III, p. 575

smuggling aliens for gain; 1940 Act;
vol. II, p. 758, vol. III, p. 468
status, failure to maintain :

foreign government official, sec. 3
(1), 1924 Act; vol. IV, p. 36
student; inducted into armed
forces; vol. IV, p. 630

Deportation grounds-Continued

subversive, see Subversive
sufficient, if grounds follow language
of statute; vol. IV, p. 684
undesirable alien, Act May 10, 1920;
vol. III, p. 310


visa charge (see also
grounds; visa charge; Immigrant;

entry as naturalized citizen but
naturalization later cancelled
for fraud; vol. III, p. 275, vol.
IV, pp. 373, 702

error of judgment, no fraud; sec. 4 (d) visa, as professor; vol. IV, p. 532

not nonquota as specified in visa; nonquota visa issued to quota immigrant; error of judgment, vol. IV, p. 532

fraud or misrepresentation :

annulment of marriage of woman admitted as wife of armed forces member; Act of Dec. 28, 1945, vol. IV, p. 345

concealment of criminal rec

ord, vol. III, pp. 278, 641 concealment of prior arrest and deportation, vol. III, p. 662

displaced person who did not

accept employment offer, and settled in city other than that specified, vol. IV, p. 663

failure to disclose true mari

tal status in application
dependent on marital sta-
tus, vol. IV, p. 684
false testimony as to finan-
cial status; materiality;
vol. IV, p. 735

Wife admitted nonquota un-
der sec. 4 (a) 1924 Act;
husband's citizenship later
revoked; vol. I, p. 84
Wife admitted nonquota un-
der sec. 4 (a) 1924 Act;
marriage later annulled;
"relation back"; vol. III,
pp. 25, 102

Depositing letter threatening to injure another's person, vol. II, p. 198 Depositing slug in coin box, New York, Penal Laws, sec. 1293 (c); vol. II, p. 235

Derivative citizenship, see Citizenshipderivation (after birth) by child born abroad Citizenship-derivation by wonran through marriage

Deserter from armed forces in wartime,

8ee Citizenship-expatriation: armed forces deserter in wartime; Exclusion grounds: departure to avoid armed forces duty

Destruction of property, Canada, vol. II,

p. 686

Detention order; fine for violation, see Fine: detention or delivery Diligence, due; mitigation or remission of fine based upon; see Fine: immigrant visa, bringing immigrant who lacked Dialectical materialism, vol. III, p. 453 (see also Subversive)

Discretionary relief (see also Preexamination; Seventh proviso relief; Suspension of deportation; Voluntary departure):

bond, breach of; delivery; alien who
departed; vol. IV, p. 34
confidential information, use of; vol.
III, p. 714

criminal cases, vol. III, p. 767
criminal cases, looking outside record
of conviction, vol. I, p. 8, vol. III,
p. 792
economic detriment; legal obligation,
as factor; vol. III, p. 711
effective enforcement of immigration
laws, as factor, vol. IV, p. 589
enemy alien brought for internment,
vol. IV, p. 64

enemy alien objector to military serv-
ice, vol. III, p. 532

fine proceedings; administrative; 1917 Act, sec. 36; vol. III, p. 338 Foreign Agents' Reg'n Act of 1938, as amended, conviction under; vol. III, p. 310

good moral character:

adulterous relation, vol. II, pp. 840, 876, 892, vol. IV, p. 480 marital status, adjustment, adulterous relationship, vol. III, pp. 478, 567

requirement, vol. I, p. 611 internee during World War II; former member Italian Fascist Party; vol. II, p. 587

naturalization, misconduct in connection with another's, vol. III, p. 344 perjury in immigration proceedings, vol. II, p. 606

perjury in naturalization proceedings, vol. I, p. 79, vol. II, pp. 595, 700, 712, 905

sabotage, after removal from vessel because of; vol. II, p. 582

seaman, recently arrived; vol. III, p. 869


Communist party member, for

mer; vol. III, pp. 411, 787 excludable as; vol. III, p. 784 Fascist Party; Italian: former member; vol. II, p. 582

proscribed organizations. members and former members: vol. IV, p. 675

Dishonorable discharge: abroad; when return to U. S. as military prisoner not deemed entry; vol. III. p. 536

Dishonorable discharge following honorable one; "honorableness" of discharge; vol. IV, p. 622

Disorderly house, or bawdyhouse; moral turpitude; see Crimes involving moral turpitude

Displaced Persons' Act of 1948:

ethnic German classification, sec. 12; vol. III, p. 838

destruction of free enterprises, adherents of principles directed toward, vol. IV, pp. 368, 370

misprepresentation, vol. IV, pp. 663,


Distributing subversive literature, see Sub



absentia, in; obtained in Germany by applicant for suspension; from wife of prior marriage; desertion

ground; validity of marriage in U. S.; vol. I, p. 677

absolute or limited; legal separation;

1940 Act. sec. 314; vol. III, p. 742 conflict of State laws; custody of child; vol. III, p. 845

foreign, comity between nations; vol. II, p. 886

foreign, obtained while either party

was domiciled or physically present in U. S. vol. III, pp. 33, 227, vol. IV, p. 610

Mexican; "mail order"; vol. I, p. 679,

vol. III, p. 33, vol. IV, p. 610
Mexican; party physically in court's
jurisdiction; vol. III, p. 227
valid in foreign country where domi-
ciled; effect of residence away from
that country; vol. I, p. 677, vol. III,
pp. 33, 227

Doctrine of election, see Dual national
Documentary requirements:

adopted child; beneficiary, Act. Dec.
28, 1945; vol. III, p. 608
child born abroad while citizen mother
on visit, vol. II, p. 188

child born abroad while legally resi-
dent alien mother on visit; vol. II,
p. 188, vol. III, p. 215
native-born Canadian coming for less
than 30 days, vol. II, p. 518
returning lawful resident, after tem-
porary absence; vol. I, p. 369
returning lawful resident, after tem-
porary absence; naturalized citizen
at time of last entry; naturaliza-
tion later cancelled for fraud, vol.
III. p. 275

returning lawful resident, after tem-
porary absence; with border-cross-
ing card; visa requirement; vol.
III, p. 519

waiver of visa; secs. 4 (a), 13 (b), 1924 Act; sec. 30, 1940 Act; vol. III, p. 582

wife of citizen veteran of World War II; vol. III, p. 371

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"avoid" and "evade” meaning, vol. II, p. 424

distinguished from army deserter, vol. II, pp. 276, 419

exclusion ground, as; see Exclusion grounds departure to avoid armed forces duty

expatriation ground, as, see Citizenship-loss: escape armed forces service, departing U. S. or remaining out

need for determination of excludability in connection with visa petition, vol. III, p. 376

not liable for military service; effect; vol. II, p. 403

Driving automobile without owner's consent, California, Veh. Code, sec. 503; vol. 1, p. 143

Drug addict, distinguished from mere user, vol. III, p. 620

Dual national:

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formality of procedure; necessity for definitive choice, vol. II, pp. 124, 428 homestead, acquisition during minority; disaffirmation of sale upon obtaining majority, vol. I, p. 329

oath of allegiance to country of his foreign nationality, vol. III, p. 701

obligation to elect; dual nationality acquired at birth, vol. I, p. 389, vol. II, p. 347, vol. IV, p. 756 obligation to elect, foreign citizenship acquired by U. S. citizen woman by marriage to German in 1934, vol. III, p. 107 passport of his foreign nationality, use of; vol. III, p. 98 Perkins v. Elg (307 U. S. 325), application of; vol. I, p. 685 registration as citizen at U. S. Consulate; brief stay in U. S. two years after reaching majority, followed by return to foreign country for 20 years; vol. I, p. 476

residence abroad, mere; vol. II, p. 428 residence, entering for temporary stay on claim of U. S. nationality long after reaching majority; earlier, while a minor

Dual national-Continued

election to retain U. S. nationality— Continued

presenting birth certificate to Service and, thereafter, maintaining course of conduct consistent with U. S. nationality; vol. II, p. 124 residence, permanent, taking up, in 1926, at age of 27; vól. I, p. 685

voluntariness, vol. I, 551, vol. II, p. 427

voting in Canada after making election to retain; effect; vol. I, p. 536 expatriation of, see Citizenship-loss reach of sec. 401 (a), 1940 Act, persons within; one who already elected U. S. nationality and has abided by such election, vol. I, p. 496 retention requirements, sec. 401 (a), 1940 Act "taking up residence in U. S." before 23d birthday or before Jan. 1, 1943; vol. I, pp. 24, 476, 496, 502, 536, 548, 596, 685, vol. II, pp. 6, 124, 598, vol. III, pp. 98, 470, 690, 761

Due process of law; applicant for admission to U. S.; vol. I, p. 588 Duress; fear, as excuse for perpetrating offense; vol. III, p. 350


Economic detriment, suspension of deportation factor; see Suspension of deportation


distinguished from plebiscite, sec. 401 (e), 1940 Act; vol. II, p. 436 dual national, by; to retain U. S. nationality; see Dual national opting for Spanish nationality; Puerto Rico; vol. IV, p. 29

voting in, as act of expatriation, see


Employment, abroad; while temporarily absent from U. S.; naturalization; see Absence, temporary

Employment, contract labor, see Contract labor

Employment, visitors coming for, see Visitors

En route to the United States (1940 Act, sec. 404), see Citizenship-loss; residence abroad by naturalized citizen England, Northern Ireland, juvenile delinquency, see Juvenile delinquency Entering a building, unlawfully; New York; moral turpitude, see Crimes involving moral turpitude


at a place not designated; deportation charge; distinguished from entry without inspection; vol. I, p. 617 (see also Deportation grounds)


basis for deportation ground; reentry; materiality of duration of absence and of lack of intention to remain abroad; vol. I, p. 510 burden of proof, on reentry; vol. III, p. 658

deportation grounds based upon, see Deportation grounds

false and misleading statement, entry by; deportation ground; see Deportation grounds; entry by false and misleading statement

fictitious name, alias, or other name, entry under; legality of; vol. II, p. 644 immoral purpose; concubinage; vol. I, p. 373, vol. III, p. 218

lawful admission for permanent residence, see Lawful admission to the United States for permanent residence

naturalized citizen, whose citizenship was cancelled after; "relation back"; vol. III, p. 275, vol. IV, p. 373, 702

prejudicial to U. S. interests, see Exclusion ground: entry prejudicial to U. S. interests

records; errors; legality; vol. II, p. 644

reentry, vol. I, p. 4

under 1917 Act, as distinguished from 1924 Act; vol. III, p. 632

Virgin Islands to; prior to July 1, 1948; vol. I, p. 414

without inspection;


ground; see Deportation grounds:

entry without inspection

Entry into the United States: whether or not an entry has been made:

armed forces, while member of; vol. IV, p. 126

drunk, following departure of which he
was unaware because; vol. IV, p.

excluded alien who is permitted to so-
journ in U. S. (parole); vol. III, p.
extradition from foreign country to
stand trial in U. S. vol. III, p. 632
Filipino who, while national of U. S.,
crossed into U. S. in 1926; vol. IV,
p. 569
insular possessions, from; to continen-
tal U. S.; vol. III, p. 632
involuntary departure from U. S.,
after; vol. III, p. 536

knowledge of foreign stops, en route
(in connection with return to U. S.
by air); vol. III, p. 632

return from foreign country, every; exceptions; vol. III, p. 481

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born during temporary absence from U. S. of lawful permanent resident mother; vol. III, p. 215

erroneously admitted as U. S. citizen, vol. III, p. 262 erroneously admitted under Quota Act of 1921, exemption 9; vol. III, p. 815

quota exhausted before charge could be made (1923); vol. III, p. 391 reentry as treaty trader; previous lawful admission for permanent residence, vol. II, p. 834

suspension of deportation, see Suspension of deportation

Entry without inspection;


ground; see Deportation grounds; entry without inspection

Escape from custody of sheriff, without force or violence, New Jersey, vol. II, p. 873

Escaping (evading) military service see Citizenship-loss: escape armed forces service, departing U. S. or remaining out; Exclusion grounds: departure to avoid armed forces duty


admission made in prior invalid hearing, vol. IV, p. 765

birth in U. S.:

court decree, as; vol. III, p. 237 passport, as; vol. III, p. 680 citizen of U. S. prior admission as; weight; vol. II, p. 428

conduct, weight given prior; vol. II, p. 384

discrepancies, testimonial; on issue of relationship; vol. III, p. 608 discretionary relief, see Discretionary relief

election by dual notional, see Dual national

exclusion proceeding; rules governing

fair hearing; vol. II, p. 469 (see also Exclusion)

expulsion proceeding, see Deportation public charge, nature and quantum of evidence that alien will become, vol. III, p. 644

record of conviction, see Record of conviction

refusal of alien to testify at warrant

hearing; effect when claim of unfairness was later advanced, vol. IV, p. 556 self-incrimination, privilege against, vol. IV, p. 720

Service officer's testimony as to oral statements of alien, vol. IV, p. 760 silence, vol. III, p. 22 statement taken in preliminary investigation, vol. I, p. 408, vol. IV, pp. 475, 684

Evidence Continued
stipulation of fact:

set aside, procedure to; at in-
stance of Government; vol. IV,
p. 378
withdraw, alien's right to; in
view of subsequent changes of
law adverse to alien; vol. IV, p.

unrecorded statements (8 C. F. R. 150.1 (c)); vol. IV, p. 760 unsigned statement, vol. IV, p. 684 Exclusion:

Administrative Procedure Act, appli-
cability to boards of special in-
quiry; proceeding initiated before
Sept. 1, 1946; vol. IV, p. 121
American Indians born in Canada, see
American Indians born in Canada
board of special inquiry:

Administrative Procedure Act, ap-
plicability to; vol. IV, p. 121
authority, vol. II, p. 207
fairness of hearing, vol. II, p. 176
grounds of exclusion, appel-
late body's right to propose
grounds; vol. II, p. 407
jurisdiction, loss; when applicant
entered before board's final or-

der; vol. III, p. 178

temporary exclusion; 8 C. F. R. 175.57; hearing; vol. III, p. 777

United States citizenship; board's right to adjudicate, vol. I, p. 587

burden of proof, vol. III, p. 777 coming to commit a crime; immigrant or nonimmigrant classification, vol. II, p. 43, vol. III, p. 407

deportable on entry, alien who would be; excludable in absence of specific exclusion ground, vol. I, p. 293, vol. II, p. 406

excluded alien deemed not to have entered United States, vol. III, p. 543 (see also Entry into the United States; whether or not an entry has been made

foreign naval personnel, inspection on arrival, vol. II, p. 293

grounds, see Exclusion grounds immigrant or nonimmigrant, determination of status; vol. III, p. 379 indictment, admissibility while under; vol. II, p. 172

Japanese or Korean national who entered Hawaii with limited passport; admissibility to mainland; vol. III, p. 565

juvenile delinquency, see Juvenile delinquency

pardon, see Pardon

place to which deportable, see Place of deportation

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