Legal Opinion

Singh v. McGrath

Court of Appeals for the Ninth Circuit

Decided May 10, 1939No. 9023PublishedCited by 8 opinions

1Opinion of the Court

GARRECHT, Circuit Judge.

By warrant issued January 25, 1938, the appellant was ordered deported to his native India, upon the ground that he was in the United States in violation of section 13(c) of the Immigration Act of 1924, 43 Stat. 161, 8 U.S.C.A. § 213(c). ■

The alien has the burden of proving his right to remain in the United States. Keizo Kamiyama v. Carr, 9 Cir., 44 F.2d 503, 506; Naranjan Singh v. District Director of Immigration, etc., 9 Cir., 96 F.2d 969. Likewise, the burden is upon the alien to prove lawful entry into this country. 8 U.S.C.A. § 221. If the alien unlawfully entered…

2Cases cited6 opinions

  1. Berkman v. TillinghastCourt of Appeals for the First Circuit · 1932
  2. Kunimori Ohara v. BerkshireCourt of Appeals for the Ninth Circuit · 1935
  3. Kishan Singh v. District Director of ImmigrationCourt of Appeals for the Ninth Circuit · 1936
  4. Kamiyama v. CarrCourt of Appeals for the Ninth Circuit · 1930
  5. Singh v. District Director of ImmigrationCourt of Appeals for the Ninth Circuit · 1938

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

3Cited by8 opinions

  1. David Hyun v. Herman R. Landon, District Director, Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1955
  2. Ali v. HaffCourt of Appeals for the Ninth Circuit · 1940
  3. GONZALEZBoard of Immigration Appeals · 1976
  4. CONLIFFEBoard of Immigration Appeals · 1968
  5. United States ex rel. Sciria v. LehmannDistrict Court, N.D. Ohio · 1955

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

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