Legal Opinion

VILANOVA-GONZALEZ

Board of Immigration Appeals

Decided July 1, 2002No. 2008Published

1Opinion of the Court

Interim Decision #2008 MATTER OF VILANOVA-GONZALEZ In Section 246 Proceedings A-12046344 Decided by Board October 17, 1969 (1) When there is a conflict of testimony in rescission proceedings under section 246 of the Immigration and Nationality Act, there must be an evaluation of all the evidence and a finding made with regard to its credi- bility before the clear, unequivocable and convincing burden of proof test of Woodby v. Immigration and Naturalization Service, 385 U.S. 276, comes into play. (2) A claim of prejudicial and unfair hearing accorded by the substituted special inquiry officer…

2Cases cited9 opinions

  1. Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
  2. Paul John Carbo, Frank Palermo, Joseph Sica, Louis Tom Dragna, and Truman K. Gibson, Jr. v. United StatesCourt of Appeals for the Ninth Circuit · 1963
  3. Immigration & Naturalization Service v. ErricoSupreme Court of the United States · 1967
  4. Francesco Ferrante v. Immigration and Naturalization Service, Francesco Ferrante and Kathy Ferrante v. Immigration and Naturalization ServiceCourt of Appeals for the Sixth Circuit · 1968
  5. Jose Dias De Souza v. Bruce G. Barber, Director of Immigration and NaturalizationCourt of Appeals for the Ninth Circuit · 1959

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