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Index

Cumulative for Volumes I, II, III, IV, V, and VI

A

Abandonment and nonsupport statutes, historical evolution; vol. II, pp. 134, 554 Abandonment of application for admission;

loss of jurisdiction by board of special in

quiry; vol. III, p. 178

Abandonment of minor child; see Crimes involving moral turpitude

Abandonment of United States citizenship; see Citizenship-loss

Abortion:

assault with intent to commit, New York; vol. II, p. 525

drug to produce, Massachusetts; vol. II, p. 203

Absence from United States, expatriation through; see Citizenship-loss: residence abroad by naturalized citizen, through Absence from United States, temporary; see Residence; Naturalization; Citizenshipderivation (after birth) by child born abroad; Seventh proviso, sec. 3, 1917 Act: domicile

Acquisition of citizenship; see Citizenship and titles subordinate thereto; Naturalization

Act of Dec. 28, 1945 (P. L. 271, 79th Cong.), adopted children; legislative history; vol. III, pp. 41, 131

Addict (see also Deportation grounds: nar

cotic drug addict; Deportation grounds: narcotics, offenses relating to; Exclusion grounds: narcotics, offenses relating to): definition; vol. II, pp. 73, 474, vol. VI, P. 374

distinguished from user; vol. III, p. 620 evidence, where alien sentenced to narcotics farm or hospital for treatment; vol. II, p. 473

Adjacent island, preexamination (8 C. F. R. 142), Jamaica, B. W. I.; vol. III, p. 704 Adjudication of citizenship, court decree as to birthplace; vol. III, p. 237 Adjudication of nationality (not citizenship); issuance of passport or letter of identity, Guam, Samoa; vol. III, pp. 589, 729 Adjustment of status:

sec. 245, 1952 Act:

alien admitted under Educational Exchange Act; vol. V, p. 229 filling of application, effect upon existing deportability; vol. V, p. 622 nonquota alien child (sec. 101 (a) (27) (C), 1952 Act), regarded as

Adjustment of Status-Continued

sec. 245, 1952 Act-Continued

quota immigrant under sec. 202 (a) (1); vol. V, p. 750

nonquota alien, prior residence, com

putation of period; vol. V, p. 330 Administrative decision, whether res judicata; vol. III, p. 577, vol. V, pp. 392, 400 Administrative decisions, guidance on questions of law by court decisions; vol. II, pp. 658, 849

Administrative Procedure Act:

hearings in exclusion proceedings, effect on; see Exclusion

hearings in expulsion proceedings, effect
on; see Deportation

Service hearings prior to Sung decision
invalid only where objections
raised; vol. V, p. 752

were

standards of fairness met by sec. 242

(b), 1952 Act; vol. V, p. 261 Admissibility under immigration laws (see also Exclusion):

compliance with laws at time of applica-
tion for admission, vol. II, p. 172
effect, where alien is under indictment,
vol. II, p. 172

Admission, application for, abandonment;
when alien enters while case pending before
board of special inquiry; vol. III, p. 178
Admission for permanent residence; see Law-
ful admission to the United States for
permanent residence
Admission of commission of crime, see Crime,
admission of commission
Admission

to continental United States, Japanese or Koreans who entered Hawaii with laborers' passports; vol. III, p. 565 Admission under 1924 Act, sec. 14: child admitted temporarily when under 16 who has citizen parent; vol. III, p. 815 Adopted child (see also Child):

Chinese, vol. III, p. 134

citizen veteran of World War II, of; Act of Dec. 28, 1945; benefits; vol. III, pp. 131 608

Adoption:

Bahamas; vol. VI, p. 760

California; vol. III, p. 743
China; vol. III, p. 608

foreign consult in U. S., validity of adoption proceeding in office of; vol. V, p. 733

Germany, in, by proxy; recognized in Texas, principle of comity; vol. VI, p. 634

Adoption-Continued

Italy, "affiliation" as equivalent of adoption; vol. VI, p. 270

validity of, evidence; vol. III, p. 608 Adultery (see also Good moral character: adultery):

admission of commission, without conviction, not basis for exclusion or deportation; vol. III, p. 168

moral turpitude; see Crimes involving involving moral turpitude Affiliation, subversive ground of exclusion or deportation; see Subversive

Afghan, racial eligibility to citizenship; vol.
II, p. 253

Age limitation, expatriation; vol. III, p. 470
Aggravated assault (battery); see Crimes in-
volving moral turpitude
Agricultural laborer:

admissibility although previously deported
and not granted consent to reapply for
admission; vol. I, p. 624
classification, immigrant or nonimmi-
grant; vol. VI, p. 491

suspension of deportation, when granted;
vol. II, pp. 692, 751

Air carrier:

applicability of fine under sec. 16, 1924 Act; vol. III, p. 476

regulations by Attorney General relating to immigration laws, 8 C. F. R. 116; vol. III, p. 260

Air Commerce Act of 1926, secs. 7, (d) (3), 10 (b); vol. III, p. 476

Aircraft, passenger manifest, 1917 Act, sec.
14, 8 C. F. R. 116.8 (b); vol. III, p. 259
Alien contract laborer; excludability;
Exclusion grounds: contract labor
Alien registration:

see

evidence from alien registration form, admissibility, deportation proceedings; vol. IV, p. 475, vol. V, p. 175

false statement under oath to U. S. vice consul; vol. I, p. 16

false statements in connection with 1940

Act. sec. 36 (c); vol. II, pp. 353, 820 Alienage:

former naturalized person, "relation back" doctrine; vol. III, p. 275, vol. IV, pp. 373, 702, vol. V, p. 405

former naturalized person, "relation back" doctrine not applicable to documentary charges; vol. V, p. 759

proof:

admission by attorney; vol. V, p. 175 arrival record; vol. VI, p. 415 immigration visa; vol. III, p. 20 marriage certificate; vol. VI, p. 415 refusal to testify, effect; vol. VI, p.

415

Amendment of record of entry to show admission for permanent residence, see Entry record, amendment or creation, to show admission for permanent residence

American Indians born in Canada:

definition "Canadian Indians," Act April 2, 1928; vol. I, p. 309, vol. III, pp. 191, 300

deportability and excludability; vol. I, p. 600, vol. III, p. 300 deportability on grounds other than those arising after entry; vol. III, p. 300 effect of forfeiture of political status as Indians in Canada, by marriage, sec. 14, Canadian Indian Act; vol. III, p. 191

ethnological test under Act of April 2, 1928; vol. III, p. 191; vol. IV, p. 458 half-Indian blood, those of, not entitled to benefits, Act April 2, 1928; vol. IV, p. 458

syphilis at time of entry, afflicted with, deportability; vol. I, p. 600 American merchant vessel on high seas, birth on, acquisition of citizenship; vol. III, p. 677

American Samoa, Swain's Island:

noncitizen nationality of natives or inhabitants; vol. II, p. 778, vol. III, pp. 589, 729, vol. V, p. 144

sec. 308 (1), 1952 Act, retroactive; vol. V, p. 144

status of natives' children born abroad;

vol. V, p. 380

Anarchistic organization, see Subversive.
Annulment (See also Marriage):

foreign marriage, by court in United
States:

California, effect on preference quota status at time of entry; vol. VI, p. 153

New York, effect on nonquota status
at time of entry, "Gigolo" Act of
March 14, 1937; vol. III, pp. 25,
102

Pennsylvania; vol. II, p. 354
Texas; vol. III, p. 528

Washington, D. C., effect on non-
quota status at time of entry;
vol. IV, p. 345

foreign marriage, by courts in foreign countries:

Czechoslovakia, effect on derivation of citizenship; vol. III, p. 850

Appeal: board of special inquiry decision, from: ground not advanced by board, appellate body's right to consider; vol. I, p. 321

mental or physical condition not presently existing; prior insanity; vol. II, p. 127

departure from U. S., effect of; vol. VI, p. 159

hearing officer's findings, from:

denial of application for voluntary departure, when not appealable; vol. IV, p. 680

Appeal-Continued

hearing officer's findings, from-Cont. must be from specific findings and conclusions as to deportability to confer jurisdiction on Board of Immigration Appeals; vol. IV, p. 680, vol. V, p. 565

time limitation, vol. V, pp. 295, 520 Service's decision, from:

absence of warrant proceeding, in;
on motion; Board of Immigration
Appeals' jurisdiction (8 C. F. R.
90.3, 142.2); vol. III, p. 704
motion, on; fine matter; extension of
time for appeal; vol. III, pp. 167,

223

motion to reconsider or reopen; Board

of Immigration Appeals' jurisdiction (8 C. F. R. 90.10, 90.9 (b)); vol. III, pp. 167, 223

timeliness (8 C. F. R. 90.9 (b)); vol. III, pp. 167, 223

Application for admission to United States: abandoned or withdrawn, when deemed;

vol. III, p. 178

return after previous arrest and deportation, where alien returned before 1929; vol. II, p. 180, vol. III, p. 76 United States citizenship, who determines claim of; vol. I, pp. 581, 588 Armed forces of United States:

"Honorableness" of discharge when dishonorable discharge followed honorable one; vol. IV, p. 622

Arriving from foreign, 1924 Act, sec. 20: vol. III, p. 876

Arriving from foreign for bunkers, sec. 20, 1924 Act, and sec. 254 (a), 1952 Act; vol. V, p. 296

Arson, see Crimes involving moral turpitude Asiatic barred zone, discussed; vol. III, p. 304 Assignation, house of, distinguished from

house of prostitution; vol. III, p. 199 Assault (also assault and battery); see Crimes involving moral turpitude

Assumed name, obtaining visa under, deportation for; see Deportation ground: visa charge

Attempt to commit crime (see also Crimes involving moral turpitude):

[blocks in formation]

Bigamy; see Crimes involving moral turpitude

Birth certificate, upon decree of court, evidentiary value; vol. III, p. 237

Birth in United States:

military records as proof; vol. VI, p. 415 passport as proof; vol. III, p. 680

Blood tests:

as evidence of paternity; vol. V, pp. 149, 232, 351, vol. VI, pp. 212, 645

racial discrimination as affecting due process; vol. VI, p. 573

Board of Immigration Appeals (See also Appeal):

appeal from Central Office decision, exclusion case; timeliness (8 CFR 90.9 (b)); vol. III, p. 167

appeal, deportation cases:

time limitation; vol. V, pp. 295, 520 constitutionality of statutes, power to review; vol. IV, p. 556

custody, questions relating to:

release pending determination of appeal; vol. VI, p. 335

jurisdiction:

after alien's departure; vol. VI, p. 159 certification to Board for review:

request of alien; vol. VI, p. 388 scope of power; vol. VI, p. 388 citizenship claim, to review, exclusion proceeding; vol. I, p. 587 denaturalization judgment void on its face, to make finding; vol. VI, p. 366

denial of excluded alien's release from custody; vol. VI, p. 295 preexamination, in absence of warrant proceedings (8 CFR 90.3, 140.2); vol. III, p. 704

question of fact; return of case by Attorney General; vol. III, p. 154 motions to reopen:

after alien's departure; vol. VI, p. 159

denial by hearing officer; no exceptions taken to original deportation order; vol. IV, p. 733 Board of special inquiry, see Exclusion Bond, delivery:

breach for failure to surrender:

demand to surrender made impossible by alien; vol. III, p. 813 departure of alien prior to demand to surrender; vol. IV, p. 34 responsibility of indemnitor of surety, sec. 20, 1917 Act; vol. III, p. 862 Border crossing card:

constructive possession; vol. III, p. 136 lieu document for visa; vol. III, p. 312 resident's card invalid when holder not employed or residing in U. S.; vol. III, p. 519

Breaking and entering (see also Crimes involving moral turpitude): Canada:

evidence as to permanency of taking; vol. II, pp. 319, 503, 887

Breaking and entering (see also Crimes involving moral turpitude)-Continued

Canada-Continued

intent to commit indictable offense: vol. II, p. 686

New York:

intent to commit crime; vol. II, p. 721 per se, crime does not involve moral tur

pitude; vol. II, p. 504

Breaking prison:

New Jersey, by force or fraud; vol. II, p. 871

Pennsylvania; and escaping; vol. II, p.

874

Buggery; see Crimes involving moral turpitude

Burden of proof:

citizenship, exclusion proceedings; vol.
III, pp. 141, 680

deportation proceedings; vol. I, p. 68,
vol. III, p. 444, vol. VI, p. 415
exclusion proceedings; vol. III, pp. 141,
680, 777

proscribed character of organization; vol.
III, p. 736

reasonable diligence, fine proceedings,

bringing immigrant without visa; vol. III, p. 111

Burglar's tools, possession; see Crimes involving moral turpitude

Burglary; see Crimes involving moral turpitude

Business, temporary visitor for; see Visitor

C

Canadian citizenship, loss under Canadian Naturalization Act of 1914; vol. I, p. 498 Canadian Indians; see American Indians born in Canada

Canadian narcotics statute; criminal, not merely regulatory; vol. II, p. 603 Canadian national, defined, Canadian Nationals Act of 1921 (Rev. Stat. 1927, ch. 21); vol. I, p. 560 Canadian nationality:

British subjects not necessarily nationals of Canada; vol. II, p. 232

minor, acquisition by; vol. I, pp. 25, 329, 476, 596, 685

involuntary acquisition; vol. I, pp. 476, 496, 685

presumption of loss by residence abroad; vol. I, p. 560

renunciation; vol. I, p. 560

Canadian Officers' Training Corps:

armed forces of foreign state, not; 1940 Act, sec. 401 (c); vol. II, p. 346 Canadian armed forces, not part; vol. II, p. 457

Canadian University Air Training Corps, not part of Canadian armed forces; vol. II, p. 456 Cancellation of naturalization (see Alienage; Citizenship-loss: revocation of naturaliza

tion)

Carnal abuse or carnal knowledge; see Crimes involving moral turpitude

Certificate of citizenship:

birth abroad 1925, citizen mother and alien father; citizenship acquired in 1937 when, following divorce, mother acquired custody (de Coll doctrine); question whether this constituted naturalization under sec. 339, 1940 Act; vol. III, p. 845

birth Philippines 1896, Spanish parents born in Puerto Rico; citizenship acquired under Act of March 2, 1917 (Puerto Rican citizenship Act) in own right and not as contemplated by sec. 339, 1940 act; vol. III, p. 286 blood test to prove relationship, sec. 341, 1952 Act; vol. VI, p. 645 Certificate of lawful entry; racial eligibility to naturalization, 1940 Act, sec. 328 (b); vol. III, p. 304

Certificate of naturalization; child who acquired citizenship by statutory declaration (Virgin Islands); vol. III, p. 870

Child:

adopted:

Act of Dec. 28, 1945, validity of adoption; vol. III, p. 608

Italy, "affiliation" as equivalent of adoption proceeding; vol. VI, p. 270 proceedings for adoption in office of

foreign consul; effect, vol. V, p. 733 sec. 101 (b) (1), 1952 Act, not within; vol. V, pp. 289, 556

birth on American merchant vessel on high seas, not birth in U. S.; vol. III, p. 677

born out of wedlock (See also Citizenshipacquisition at birth, by child born abroad):

adopted by citizen husband of mother, but not natural father, not within sec. 101 (b) (1), 1952 Act; vol. V, pp. 120, 289, 731

adopted under Austrian law, not within sec. 101 (b) (1); vol. VI, p. 161

birth in 1917, mother native of Virgin Islands, 1927 Act, as amended; vol. III, p. 870

legitimation of (see also Legitimation)

legitimation, proxy marriage of parents, vol. V, p. 698

legitimation, State court decree, Ten

nessee, vol. III, p. 657

nonquota status, vol. V, pp. 120, 272, 731 citizenship:

acquisition at birth abroad; see Citizenship-acquisition at birth, by child born abroad

cancellation of parent's naturalization, presumptive fraud, 1906 Act; vol. V, pp. 218, 517

Child Continued

citizenship-Continued

derivation after birth by child born abroad; see Citizenship-derivation (after birth) by child born abroad custody, conflict of state laws; vol. III, p. 845

nonquota immigrant; see Nonquota immigrant

under 16, admitted under sec. 14, 1924 Act; vol. III, p. 815

unmarried minor, nonquota status under sec. 4 (a), 1924 Act, effect of marriage before entry; vol. III, p. 528

Chinese:

adopted children; vol. III, pp. 134, 608 quota status, effect of Act of Dec. 17,

1943, upon secs. 4 (a) and 6 (a) (1) (A), 1924 Act; vol. IV, p. 552 secondary wife, child of; acquisition of citizenship; burden of proof; vol. III, p. 689

treaty trader, status, sec. 3 (6), 1924 Act; substantial trade requirement; vol. III, p. 517

Citizenship (see also National, noncitizen, of United States; and Naturalization): acquisition; see Citizenship-acquisition at birth, by child born abroad; and Citizenship-derivation (after birth) by child born abroad

blood tests as evidence of paternity; vol. V, pp. 149, 232, 351

burden of proof in exclusion proceedings;

vol. III, p. 141

Convention between Great Britain and United States; vol. I, p. 129 dual national; see Dual national evidence of birth in United States:

burden of proof; U. S. passport as evidence; vol. III, p. 680

decree of court; vol. III, p. 237 military records; vol. VI, p. 415 fraudulent claims, convictions; vol. III, pp. 69, 623

Hawaii, birth in, prior to annexation by U. S.; vol. III, p. 206

ineligibility to; see Ineligibility to citizenship

legitimation of chld born out of wedlock

(see also Legtimation), retroactive effect; vol. III, p. 225, vol. IV, p. 354 presumption of continuance; vol. II, p.

382

Philippine Islands, inhabitants of; vol. III, p. 404

Puerto Rico, birth in 1895, child for whom alien parents opted Spanish nationality; vol. IV, p. 29

Virgin Islands, birth in, before acquisition by U. S., Act of 1927, as amended by 1932 Act; vol. III, p. 719; vol. VI, p. 226

woman, U. S. citizen, effect of acquisition of foreign citizenship through marriage upon her U. S. citizenship; vol. III, p. 107

Citizenship-acquisition at birth by child born

abroad:

American merchant vessel, on; vol. III, p. 677

birth before May 24, 1934:

citizen mother, alien father, married in 1944; vol. III, p. 485

father also born abroad, but grandfather born in U. S., R. S. 1993; vol. I, p. 558, vol. III, p. 885 mother, U. S. native, lost citizenship through marriage but repatriated by Act of June 25, 1936; vol. I, p. 127

out of wedlock, alien mother, natural father a U. S. citizen; vol. V, p. 689

out of wedlock, alien mother, natural
father a U. S. citizen, retroactive
effect of legitimation; vol. IV, p. 354
residence in U. S., prior, of citizen
parent (in Hawaii before 1898); vol.
III, p. 206

residence in U. S., prior, of citizen
parent; permanent character of
residence; vol. 1, p. 40
residence in U. S., prior, of citizen
parent; birth of child while parent's
application for admission awaited
final adjudication; vol. III, p. 885
residence in U. S., prior, of citizen
parent, presence in Puerto Rico as
"residence"; vol. I, p. 287

birth between May 24, 1934, and January 13, 1941:

citizen at birth, subject to divestiture; vol. I, p. 464

out of wedlock, effect of sec. 205, 1940 Act; vol. IV, p. 440

residence in U. S., prior, of citizen parent:

visits to U. S. as residence; vol. VI, p. 1

retention requirement; see Citizenshiploss: retention requirements, sec. 201 (g), (h), and (i), 1940 Act subsequently lost under sec. 201 (g), 1940 Act, not restored by 1952 Act; vol. V, p. 291

birth between January 13, 1941, and December 23, 1952:

out of wedlock, acquisition through
mother; subsequent legitimation; ex-
patriative effect (alien father); vol.
III, p. 485, vol. IV, p. 440
out of wedlock, but later legitimated;
acquisition only under sec. 205, 1940
Act; effect of sec. 201 (g) or (i),
1940 Act; vol. III, p. 794

out of wedlock; parents' marriage
lawful in U. S. but not in country
where birth occurred; no basis for
claiming citizenship under sec. 205,
1940 Act, as illegitimate child of
citizen mother; vol. I, p. 301

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