Somsak Hoonsilapa v. Immigration & Naturalization Service

Caution
575 F.2d 735·1978 U.S. App. LEXIS 11049
United States Court of Appeals for the Ninth CircuitMay 23, 197877-1376California1,433 words

Opinion

Opinion

Chambers, J.

Petitioner seeks review of a Board of Immigration Appeals affirmance of an order of deportation. Petitioner contends that certain documents were improperly ad mitted into evidence at the deportation hearing. We deny the relief sought by petition.

I.

On May 13, 1975, the Immigration and Naturalization Service (INS) issued an order to show cause against petitioner. The order stated that petitioner was a native of Thailand who had been admitted into the United States as a student authorized to remain only until March 28, 1973 and who was still here. At the hearing, petitioner stated his name, stipulated through his counsel that the order to show cause related to him, but denied the substance of the order. He refused to answer any further questions, invoking the protection of the privilege against self-incrimination. To establish that petitioner was an alien subject to deportation, the INS introduced two exhibits. The first was a visa petition filed by petitioner’s wife on February 26, 1975 and taken from the INS administrative file on petitioner. Attached to the visa petition was a copy of a marriage certificate of Somsak Hoonsilapa and June Sewell and a birth certificate of June…

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