Legal Opinion · Dissent
James Edward Kelly v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided June 20, 1965No. 19340_1Published
1DissentEly, Circuit Judge
In reaching its harsh conclusion, the majority relies upon Maria Garcia-Gonzales v. Immigration and Naturalization Service, 344 F.2d 804 (9th Cir. 1965), recently heard and decided by another panel of our court. That panel’s decision rests primarily upon an opinion of the Attorney General, Matter of A-F-, 8 I. & N. Dec. 429. I do not agree with that opinion; consequently, I disagree with our court’s decisions in Garcia-Gonzales and in the case at bar.
These are cases involving a problem of first impression, and the results work cruel consequences, not only to the two aliens directly concerned,…
2Cases cited16 opinions
- Fong Haw Tan v. PhelanSupreme Court of the United States · 1948
- People v. BanksCalifornia Supreme Court · 1959
- Delgadillo v. CarmichaelSupreme Court of the United States · 1947
- Barber v. GonzalesSupreme Court of the United States · 1954
- Stephens v. ToomeyCalifornia Supreme Court · 1959
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