Pino v. Landon, 349 U.S. 901 (1955). · Go Syfert
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Pino v. Landon, 349 U.S. 901 (1955). Cases Citing This Book View Copy Cite
268 citation events (55 in the last 25 years) across 37 distinct courts.
Strongest positive: J. M. ACOSTA (bia, 2018-07-01) · Strongest negative: PUNU (bia, 1998-07-01)
Treatment trajectory · 1955 → 2026 · click a year to view as-of
1955 1990 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Overruled PUNU (2×) also: Cited "see"
BIA · 1998 · signal: cf. · confidence high
Cf. Pino v. Nicolls, supra, at 244- 45, overruled by Pino v. Landon, supra (making no distinction between this type of direct appeal and an appeal that had to be taken within a time cer- tain).
discussed Cited as authority (rule) J. M. ACOSTA
BIA · 2018 · confidence medium
This principle was derived from the Supreme Court’s decision in Pino v. Landon, 349 U.S. 901, 901 (1955) (per curiam), in which the Court reversed the decision of the lower court based on insufficient evidence in the record “that the conviction has attained such finality as to support an order of deportation within the contemplation of [former section] 241 of the Immigration and Nationality Act, 8 U.S.C.A. § 1251 [(1952)].” Our decision in Matter of Ozkok, 19 I&N Dec. at 551–52, which predated the IIRIRA, set forth the prevailing standard to evaluate whether a conviction exists for im…
examined Cited as authority (rule) New Richmond News v. City of New Richmond (4×) also: Cited "see, e.g."
Wis. · 2015 · confidence medium
Corp., 349 U.S. 901, 926 (1955), 350 U.S. 124 (1956); Indian Towing Co. v. United States, 349 U.S. 902, 926 , 350 U.S. 61 (1955).
discussed Cited as authority (rule) Schilling v. Iowa Department of Transportation
Iowa · 2002 · confidence medium
As the court in White stated, “Superimposed on the BIA’s three-part test is an additional requirement: the ‘conviction’ must have attained a sufficient degree of finality.” Id. at 479 (citing Pino v. London, 349 U.S. 901, 901 , 75 S.Ct. 576, 576 , 99 L.Ed. 1239, 1239 (1955)).
discussed Cited as authority (rule) Griffiths v. Immigration & Naturalization Service
1st Cir. · 2001 · confidence medium
The Supreme Court reversed, holding that “[o]n the record here we are unable to say that the conviction has attained such finality as to support an order *50 of deportation” under the INA. 349 U.S. at 901, 75 S.Ct. 576 .
cited Cited as authority (rule) Wilson v. Immigration & Naturalization Service
5th Cir. · 1995 · confidence medium
The judgment is reversed. 349 U.S. at 901, 75 S.Ct. at 576.
discussed Cited as authority (rule) WAZIRALI MOOSA, also known as Wazir Ali Haider Ali Moosa; ZEBUNISA WAZIRALI MOOSA v. IMMIGRATION AND NATURALIZATION SERVICE (2×)
unknown court · confidence medium
Pino, 349 U.S. at 901. - 7 - state procedure may permit anomalous and unfair results in determining which aliens are considered convicted for immigration purposes”.
discussed Cited "see" Mejia Rodriguez v. U.S. Department of Homeland Security, U.S. (2×)
11th Cir. · 2011 · signal: see · confidence high
See Pino v. London, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955).
cited Cited "see" Ernesto Alonso Mejia Rodriguez v. U.S. Dept.
11th Cir. · 2011 · signal: see · confidence high
See Pino v. Landon, 349 U.S. 901 (1955).
cited Cited "see" Ernesto Alonso Mejia Rodriguez v. U.S. Dept.
11th Cir. · 2011 · signal: see · confidence high
See Pino v. Landon, 349 U.S. 901 (1955).
discussed Cited "see" Manuel Puello v. BCIS
2d Cir. · 2007 · signal: see · confidence high
See Moosa v. INS, 171 F.3d 994 , 1000 n.4 (5th -12- Cir. 1999) (citing Pino v. Landon, 349 U.S. 901 (1955)); see also Marino v. INS, 537 F.2d 686, 691 (2d Cir. 1976) (holding that, at that time, “an alien is not deemed to have been ‘convicted’ of a crime under the [INA] until . . . direct appellate review of the conviction . . . has been exhausted or waived.”) (citations omitted).
discussed Cited "see" Puello v. Bureau of Citizenship & Immigration Services (2×)
2d Cir. · 2007 · signal: see · confidence high
See Moosa v. INS, 171 F.3d 994 , 1000 n. 4 (5th Cir.1999) (citing Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955)); see also Marino v. INS, 537 F.2d 686, 691 (2d Cir.1976) (holding that, at that time, “an alien is not deemed to have been ‘convicted’ of a crime under the [INA] until ... direct appellate review of the conviction ... has been exhausted or waived.”) (citations omitted).
discussed Cited "see" Montenegro v. Immigration & Naturalization Service (2×)
C.D. Ill. · 2003 · signal: see · confidence high
See Pino v. Nicolls, 215 F.2d 237, 244 (1st Cir.1954), rev’d on other grounds 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955) (stating that “judicial action in the normal routine appellate review provided by law, [is] part of the ordinary processes of re-examination, the outcome of which perhaps ought to be awaited before it can be said, with sufficient certainty and definiteness, that the state has ‘convicted’ the alien of crime”); Will v. I.N.S., 447 F.2d 529, 533 (7th Cir.1971) (holding that “as long as a direct appeal is pending, it is sufficient to negate finality of convic…
discussed Cited "see" Geilher Molina v. Immigration and Naturalization Service (2×)
1st Cir. · 1992 · signal: see · confidence high
See Pino v. London, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955) (holding that the federal immigration law word “conviction” requires “finality” despite state law precedent suggesting the contrary); see also Yazdchi v. INS, 878 F.2d 166, 167 (5th Cir.), cert. denied, 493 U.S. 978 , 110 S.Ct. 505 , 107 L.Ed.2d 507 (1989) (definition of the word “conviction” primarily a matter of federal law); Chong v. INS, 890 F.2d 284, 285 (11th Cir.1989) (same); Kolios v. INS, 532 F.2d 786, 789 (1st Cir.), cert. denied, 429 U.S. 884 , 97 S.Ct. 234 , 50 L.Ed.2d 165 (1976); Aguilera-Enriquez v…
discussed Cited "see" Stephenson v. RA Jones & Co., Inc. (2×)
N.J. · 1986 · signal: see · confidence high
Stat. ch. 70, § 302 (1979); see Larson, "Third-Party Action," supra at 499-500. [9] This case was first affirmed by an equally divided court. 349 U.S. 901 , 75 S.Ct. 575 , 99 L.Ed. 1239 (1955).
discussed Cited "see" Paolo Zinnanti v. Immigration & Naturalization Service (2×)
5th Cir. · 1981 · signal: see · confidence high
See Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955) (per curiam).
discussed Cited "see" SEDA (2×)
BIA · 1980 · signal: see · confidence high
See Pin() v. Landon, 349 U.S. 901 (1955); cf. Matter of Winter, 12 I&N Dec. 638 (BIA 1967, 1968); Matter of G—, 9 I&N Dec. 159 (BIA 1960; A.G. 1961).
discussed Cited "see" Giuseppe Marino v. Immigration & Naturalization Service, United States Department of Justice (2×)
2d Cir. · 1976 · signal: see · confidence high
See Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955) (per curiam), rev’g, Pino v. Nicolls, 215 F.2d 237 (1st Cir. 1954).
cited Cited "see" SIRHAN
BIA · 1970 · signal: see · confidence high
See Pino v. Landon, 349 U.S. 901 (1955).
discussed Cited "see" Samuel Murillo Gutierrez v. Immigration and Naturalization Service at Los Angeles (2×)
9th Cir. · 1963 · signal: see · confidence high
See Kercheval v. United States, 274 U.S. 220 , 47 S.Ct. 582 , 71 L.Ed. 1009 .” (Emphasis added.) Under the second specification of ■error, petitioner places his reliance on Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955) which per ■curiam reverses Pino v. Nicolls, 215 F.2d 237 (1st Cir., 1954).
cited Cited "see" Juan Quilodran-Brau v. J. W. Holland, District Director, Immigration & Naturalization Service
3rd Cir. · 1956 · signal: see · confidence high
See Pino v. Nicolls, 1 Cir., 1954, 215 F.2d 237, 245 , reversed on other grounds, Pino v. Landon, 1955, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1273 .
discussed Cited "see, e.g." Abreu v. Holder (2×)
2d Cir. · 2010 · signal: see, e.g. · confidence low
See, e.g., Marino v. INS, 537 F.2d 686, 691 (2d Cir.1976) (“[A]n alien is not deemed to have been ‘convicted’ of a crime under the [INA]” until “direct appellate review of the conviction (as contrasted with collateral attack) has been exhausted or waived.”) (relying on Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955)).
discussed Cited "see, e.g." Daniel Magana-Pizano v. Immigration and Naturalization Service (2×)
9th Cir. · 1999 · signal: see, e.g. · confidence low
See, e.g., Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955); In re Ozkok, 191 & N Dec. 546, 551-52, 1988 WL 235459 (BIA 1988); In re L-R-, 8 I & N Dec. 269, 270 , 1959 WL 11561 (BIA 1959).
discussed Cited "see, e.g." ROLDAN
unknown court · 1999 · signal: see, e.g. · confidence low
See, e.g., Pino v. Landon, 349 U.S. 901 (1955); Matter of Ozkok, supra; Matter of G-, 9 I&N Dec. 159 (BIA 1960; A.G. 1961); Matter of A-F-, 8 I&N Dec. 429 (BIA, A.G. 1959); Matter of L-R-, 8 I&N Dec. 269 (BIA 1959); Matter of O-, 7 I&N Dec. 539 (BIA 1957); Matter of F-, 1 I&N Dec. 343 , 348 (BIA 1942).
examined Cited "see, e.g." Almeida v. Lucey (4×)
D. Mass. · 1974 · signal: see also · confidence low
See also Pino v. Landon, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 (1955); Will v. Immigration and Naturalization Service, 447 F.2d 529 (7 Cir. 1971); State v. DeBery, 150 Me. 28 , 103 A.2d 523 (1954).
Retrieving the full opinion text from the archive…
Pino
v.
Landon, District Director, Immigration and Naturalization Service
No. 333.
Supreme Court of the United States.
Apr 11, 1955.
349 U.S. 901
Reuben Goodman argued the cause for petitioner. With him on the brief were Paul T. Smith and Jacob Spiegel., John F. Davis argued the cause for respondent. With him on the brief were Solicitor General SobelojJ, Assistant Attorney General Olney, Beatrice Rosenberg and Richard J. Blanchard.
Cited by 76 opinions  |  Published

Certiorari, 348 U. S. 870, to the United States Court of Appeals for the First Circuit.

Per Curiam:

On the record here we are unable to say that the conviction has attained such finality as to support an order of deportation within the contemplation of § 241 of the Immigration and Nationality Act. The judgment is reversed.