Milton Adolphus Farrell v. United States

Milton Adolphus Farrell appeals from his conviction of violating 8 U.S.C. § 1326 (1964). His principal contention is that the government failed to prove that he was an alien.

The government proved that in November 1963 Farrell pleaded guilty to an earlier violation of 8 U.S.C. § 1326 , thus admitting his alienage. Once status as an alien has been established, it is presumed to have continued until the contrary is shown. United States ex rel. Meyer v. Day, 54 F.2d 336, 338 (2d Cir. 1931). Cf. Hauenstein v. Lynham, 100 U.S. 483, 484 , 25 L.Ed. 628 (1880); Ng Kam Fook v. Esperdy, 320 F.2d 86, 89 (2d Cir. 1963); Mills v. United States, 273 F. 625, 628 (9th Cir. 1921).

The government also introduced extra-judicial oral and written declarations by Farrell that he was an alien. These admissions were properly received in proof of the fact recited. Gonzales v. Landon, 215 F.2d 955, 957 (9th Cir. 1954), rev’d on other grounds 350 U.S. 920 , 76 S.Ct. 210 , 100 L.Ed. 806 (1955). Farrell’s objection to their admissibility based upon Miranda v. State of Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966), is untenable in view of Johnson v. State of New Jersey, 384 U.S. 719 , 86…