United States Ex Rel. Vajtauer v. Commissioner, 273 U.S. 103 (1927)

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United States ex Rel. Vajtauer v.

Commissioner of Immigration
No. 111

Argued November 24, 29, 1926
Decided January 3, 1927
273 U.S. 103

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

1. Want of due process in proceedings for the deportation of an alien is not established by showing merely that the decision was erroneous or that incompetent evidence was received and considered. P. 106.

2. Insofar as concerns proofs, an order of deportation is upheld in habeas corpus if there was some evidence to support it and no error is so flagrant as to convince a court of the essential unfairness of the trial. P. 106.

3. Statements of an alien tending to show that he belonged to an excluded class at time of entry may be used in deportation proceedings, whether made before or after his admission. P. 110.

4. Evidence of identity of an alien with the author of seditious pamphlets and speeches may be found in a similarity of names, appellations, nativity, etc. P. 111.

5. The silence of the alien without sufficient explanation, when called upon to testify, may be persuasive evidence against him, even as to incriminating matters, when they are not privileged. P. 111.

6. The privilege against self-incrimination may be waived if not timely asserted. P. 113.

15 F.2d 127 affirmed.

Appeal from a judgment of the district court dismissing a writ of habeas corpus.