Legal Opinion
United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.
Court of Appeals for the Fifth Circuit
Decided December 18, 1972No. 71-1928PublishedCited by 19 opinions
1Opinion of the Court
JOHN R. BROWN, Chief Judge:
Wong Kim Bo, a many named person, 1 appeals from his conviction and consequent one year sentence for being found unlawfully in this country after having once been arrested and deported in violation of 8 U.S.C.A. § 1326. 2 We are of the view that the Government failed to prove an essential element of the criminal offense — namely, that the defendant was “arrested” as that term is contemplated by the statute — and accordingly we reverse the conviction.
The Facts — Coming and Going and Coming
Desirous of leaving his native Hong Kong, China, in 1959 defendant purchased a…
2Cases cited8 opinions
- Udall v. TallmanSupreme Court of the United States · 1965
- Jones v. CunninghamSupreme Court of the United States · 1963
- Strait v. LairdSupreme Court of the United States · 1972
- United States v. BucurCourt of Appeals for the Seventh Circuit · 1952
- Mary Moore Aalund v. E. Dewitt Marshall, District Director of Immigration and NaturalizationCourt of Appeals for the Fifth Circuit · 1972
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
- United States v. Oscar Ramos QuezadaCourt of Appeals for the Fifth Circuit · 1985
- United States v. Cabrera-TeranCourt of Appeals for the Fifth Circuit · 1999
- United States v. Herta Wittgenstein, Also Known as Herta Hilscher, Also Known as Herta ChristiensenCourt of Appeals for the Tenth Circuit · 1998
- United States v. Noel Cesar Campos-AsencioCourt of Appeals for the Fifth Circuit · 1987
14 more not listed; retrieve them via the Exa API.