Legal Opinion

Milton Adolphus Farrell v. United States

Court of Appeals for the Ninth Circuit

Decided November 13, 1967No. 21182PublishedCited by 8 opinions

1Per curiam

Milton Adolphus Farrell appeals from his conviction of violating 8 U.S.C. § 1326 (1964). His principal contention is that the government failed to prove that he was an alien.

The government proved that in November 1963 Farrell pleaded guilty to an earlier violation of 8 U.S.C. § 1326, thus admitting his alienage. Once status as an alien has been established, it is presumed to have continued until the contrary is shown. United States ex rel. Meyer v. Day, 54 F.2d 336, 338 (2d Cir. 1931). Cf. Hauenstein v. Lynham, 100 U.S. 483, 484, 25 L.Ed. 628 (1880); Ng Kam Fook v. Esperdy, 320 F.2d 86, 89…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. New JerseySupreme Court of the United States · 1966
  3. Hauenstein v. LynhamSupreme Court of the United States · 1880
  4. United States Ex Rel. Meyer v. DayCourt of Appeals for the Second Circuit · 1931
  5. Gonzales v. LandonCourt of Appeals for the Ninth Circuit · 1954

2 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Francisco Pena-Cabanillas v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  2. Travis Murphy v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1995
  3. United States v. Ruben Preciado-Gomez, AKA Norberto Diaz-MorenoCourt of Appeals for the Ninth Circuit · 1976
  4. Eufrasia Corona-Palomera v. Immigration and Naturalization Service, Antonio Corona-Cruz v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1981
  5. Carmen Cordon De Ruano v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1977

3 more not listed; retrieve them via the Exa API.

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