UNITED STATES EX REL. FINK

v.

TOD, COMMISSIONER OF IMMIGRATION

Citator

Cited By

• United States ex rel. Johnson v. Watkins, 170 F.2d 1009 (2d Cir. 1948)
  …sence of such a reopening at the behest of the board, the medical certificate was to be regarded as conclusive. The contention that our former decision no longer represents the law because it was reversed by the Supreme Court on confession of error, 267 U.S. 571, 45 S.Ct. 227, 69 L.Ed. 793, is without merit. We have no reason to regard a reversal on confession of error as indicating any decision on the merits by the appellate court. We cannot know what considerations moved the government [*1013] to confess…
• In re the Extradition of Chan Kam-Shu v. Chan Kam-Shu, 477 F.2d 333 (5th Cir. 1973)
  …dmissibility. Section 233, 8 U.S.C.A. § 1223 (1970), authorizes removal from the ship and detention of the alien pending an exclusion decision. See also, United States ex rel. Fink v. Tod, 1 F. 2d 246 (2d Cir. 1924), reversed on confession of error, 267 U.S. 571, 45 S.Ct. 227, 69 L.Ed. 793 (1925).8 Thus we conclude that Chan was lawfully brought into and detained in this country. Next we consider whether Chan is a fugitive within the terms of the Treaty.9 The courts have long decided that although an indiv…
• Gee Shew Hong v. Nagle, 18 F.2d 248 (9th Cir. 1927)
  …s support in the decision in United States v. Tod (C. C. A.) 1 F.(2d) 246, but a writ of certiorari was there granted, 266 U. S. 599, 45 S. Ct. 125, 69 L. Ed. 461, and the judgment was later reversed on confession of error by the Solicitor General, 267 U. S. 571, 45 S. Ct. 227, 69 L. Ed. 793. We cannot agree that the medical certificate has any such finality or conelusiveness as is claimed for it. The power to admit and exclude aliens is vested in a board of special inquiry, subject to the right of appeal,…