Legal Opinion
MOORE
Board of Immigration Appeals
Decided July 1, 1971No. 2086PublishedCited by 4 opinions
1Opinion of the Court
Interim Decision #2086 MATTER OF MOORE In Exclusion Proceedings A-17797587 Decided by Board July 12, 1971, as amended December 9, 1971 (1) Pursuant to section 291 of the Immigration and Nationality Act, the burden of proof is upon a commuter applicant for admission to establish that he is not subject to exclusion. Since an alien commuter is not return- ing to an actual unrelinquished permanent residence in the United States, he is not entitled to a hearing at which the Service bears the burden of proof under the rule of Kwong Hai Chew v. Rogers,
257 F.2d 606
(D.C. Cir., 1958). (2) Since a…
2Cases cited7 opinions
- Kwong Hai Chew v. ColdingSupreme Court of the United States · 1953
- Woodby v. Immigration & Naturalization ServiceSupreme Court of the United States · 1966
- Rosenberg v. FleutiSupreme Court of the United States · 1963
- United States Ex Rel. Meyer v. DayCourt of Appeals for the Second Circuit · 1931
- Juan Quilodran-Brau v. J. W. Holland, District Director, Immigration & Naturalization ServiceCourt of Appeals for the Third Circuit · 1956
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