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Prassert Paointhara v. Immigration and Naturalization Service

Prassert PAOINTHARA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent

Prassert Paointhara v. Immigration & Naturalization Serv., 721 F.2d 651 (9th Cir. 1983)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
November 16, 1983
Docket
No. 82-7236
Judges
Browning, Fletcher, Norris
Citations
721 F.2d 6511983 U.S. App. LEXIS 15241

Opinion

ORDER The petition for rehearing is denied. The opinion is amended as follows:

Delete from opinion dated June 15, 1983, commencing at page 2823, first column, line 4 of slip op., 708 F.2d 472 at page 474, second column, line 11, the following:

“Only by implication from the silences in this colloquy can it be inferred, if indeed it can be inferred at all, that petitioner, through his counsel, admitted his alienage. While we are aware of the need for dispatch in bringing deportation proceedings to a close, we *652 cannot accept inferences borne only by silence as substantial and probative evidence”

and insert in its stead:

“We hold that counsel’s statements were too ambiguous”

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1985: 21989: 11993: 11999: 119852026peak 1985 · 2

Relies on it most ⓘ

  1. Antonio Hernandez-Robledo v. Immigration and Naturalization Service777 F.2d 536 (9th Cir. 1985)
  2. Victor Gameros-Hernandez v. Immigration & Naturalization Service883 F.2d 839 (9th Cir. 1989)
  3. Mercado-Amador v. Reno47 F. Supp. 2d 1219 (D. Or. 1999)
  4. Abelardo Yatco Guinto v. Immigration and Naturalization Service774 F.2d 991 (9th Cir. 1985)
  5. Momoh v. I.N.S.989 F.2d 505 (8th Cir. 1993)

Most recent

  1. Mercado-Amador v. Reno47 F. Supp. 2d 1219 (D. Or. 1999)
  2. Momoh v. I.N.S.989 F.2d 505 (8th Cir. 1993)
  3. Victor Gameros-Hernandez v. Immigration & Naturalization Service883 F.2d 839 (9th Cir. 1989)
  4. Antonio Hernandez-Robledo v. Immigration and Naturalization Service777 F.2d 536 (9th Cir. 1985)
  5. Abelardo Yatco Guinto v. Immigration and Naturalization Service774 F.2d 991 (9th Cir. 1985)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Prassert Paointhara v. Immigration & Naturalization Serv., 708 F.2d 472 (9th Cir. 1983) 15

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