Legal Opinion
United States Ex Rel. Jankowski v. Shaughnessy
Court of Appeals for the Second Circuit
Decided January 29, 1951No. 132, Docket 21882PublishedCited by 33 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. Under Executive Order No. 8766, June 3, 1941, Part 11(1), 1 and Regulations 8 C.F.R. 175.42 and 176.201, appellant could lawfully have entered the United States for permanent residence only if he then possessed a “valid” visa. A visa obtained by fraud or misrepresentation of a material fact is not a valid visa. 2
At the deportation hearings, there was substantial evidence to support the examiner’s finding that appellant procured his visa “by fraud and misrepresentation in that it appears that, in his application, [he] * * * concealed the fact that he had been arrested…
2Cases cited7 opinions
- United States Ex Rel. Iorio v. DayCourt of Appeals for the Second Circuit · 1929
- United States Ex Rel. Fink v. ReimerCourt of Appeals for the Second Circuit · 1938
- United States ex rel. Walther v. District Director of Immigration & NaturalizationCourt of Appeals for the Second Circuit · 1949
- Daskaloff v. ZurbrickCourt of Appeals for the Sixth Circuit · 1939
- United States Ex Rel. Lamp v. CorsiCourt of Appeals for the Second Circuit · 1932
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Fedorenko v. United StatesSupreme Court of the United States · 1981
- Shomberg v. United StatesSupreme Court of the United States · 1955
- United States v. Roberto Flores-RodriguezCourt of Appeals for the Second Circuit · 1956
- United States v. DemjanjukDistrict Court, N.D. Ohio · 1981
- Frank Ernest Ablett v. Herbert Brownell, Jr., Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1957
28 more not listed; retrieve them via the Exa API.