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Contemporary Practice of the United States Relating to International Law

Published online by Cambridge University Press:  27 February 2017

Marian Nash Leich
Marian Nash Leich*
Affiliation:
Department of State
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Type
Research Article
Information
American Journal of International Law , Volume 84 , Issue 2 , April 1990 , pp. 536 - 549
Copyright
Copyright © American Society of International Law 1990

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References

1 Dept. of State Files L/T.

2 The full text of the per curiam opinion may be found, also, at Dept. of State File No. P90 0015–1204/1215.

3 Dept. of State File No. P90 0015–0895/0898.

The report then listed the cases in question:

Eight of these cases were denaturalization actions: United States v. Kairys, 600 F. Supp. 1254 (N.D. 111. 1984), aff’d, 782 F.2d 1374 (7th Cir.), cert, denied, 476 U.S. 1153 (1986); United States v. Kowalchuk, 571 F. Supp. 72 (E.D. Pa. 1983), aff’d en banc, 773 F.2d 488 (3d Cir. 1985), cert, denied, 475 U.S. 1012 (1986); United States v. Koziy, 540 F. Supp. 25 (S.D. Fla. 1982), aff’d, 728 F.2d 1314 (11th Cir.), cert, denied, 469 U.S. 835 (1984); United States v. Kungys, 571 F. Supp. 1104 (D.N.J. 1983), rev’d and remanded, 793 F.2d 516 (3d Cir. 1986), rev’dand remanded, 485 U.S. 759, 108 S. Ct. 1537 (1988); United States v. Linnas, 527 F. Supp. 426 (E.D.N.Y. 1981), aff’d, 685 F.2d 427 (2d Cir.), cert, denied, 459 U.S. 883 (1982); United States v. Osidach, 513 F. Supp. 51 (E.D. Pa. 1981), appeal dismissed on defendant’s death, No. 81–1956 (3d Cir. July 22, 1981); United States v. Palciauskas, 559 F. Supp. 1294 (M.D. Fla. 1983), aff’d, 734 F.2d 625 (11th Cir. 1984); United States v. Sprogis, No. CV–82–1804 (E.D.N.Y. May 18, 1984), aff’d, 763 F.2d 115 (2d Cir. 1985).

Three were deportation cases: In the Matter of Laipenieks, A l l 937 435 (Immigration Court, San Diego June 9, 1982), rev’d, 18 I&N Dec. 433 (BIA 1983), rev’d, 750 F.2d 1427 (9th Cir. 1985); In the Matter of Maikovskis, A8 194 566 (BIA 1981) (ordering depositions); In the Matter of Maikovskis, A8 194 566 (BIA, Aug. 14, 1984), aff’d sub nom. Maikovskis v. INS, 773 F.2d 435 (2d Cir. 1985), cert, denied, 476 U.S. 1182 (1986); In the Matter of Kalejs, A l l 655 361 (Immigration Court, Chicago Nov. 1, 1988).

In the following 16 cases, Soviet depositions were ordered by the trial judge, but either they have not yet been taken; they have been taken and there has not been a trial; or the defendant has settled, left the United States, or has died: United States v. Artishenko, No. 82–3822 (D.N.J, filed Nov. 12, 1982) (defendant denaturalization pursuant to consent agreement, Oct. 22, 1984); In the Matter of Benkunskas, A7 340 910 (Immigration Court, Chicago filed Mar. 25, 1984), case dismissed on respondent’s death, Jan. 24, 1986; In the Matter of Bernotas, A7 255 565 (Immigration Court, Hartford filed July 8, 1983); United States v. Dercacz, 530 F. Supp. 1348 (E.D.N.Y. 1982); United States v. Didrichsons, No. C88–686C (W.D. Wash, filed May 27, 1988); United States v. Gudauskas, No. 84–0215–C (D. Mass. filed June 1, 1984); United States v. Hrustitzky, No. 83–579–ORL–CIV–l 1 (M.D. Fla. filed Aug. 9, 1983) (defendant renounced citizenship and departed from the United States, Sept. 10, 1984); United States v. Juodis, No. 81–1013–CIV–T–17 (M.D. Fla. filed Oct. 26, 1981), case dismissed on defendant’s death, Nov. 10, 1986; United States v. Karklins, No. CIV–81–0460–LTL (CD. Cal. filed Jan. 29, 1981), case dismissed on defendant’s death, Apr. 6, 1983; United States v. Katin, No. 84–3601–C(D. Mass. filed Nov. 9, 1984); United States v. Kirsteins, No. 87–CV–964 (N.D.N.Y. filed July 15, 1987); United States v. Klimavicius, 117 F.R.D. 12 (D. Me. 1987) (defendant denaturalized pursuant to consent decree), vacated and remanded, 847 F.2d 28 (1st Cir. 1988) (default judgment); In the Matter of Lehmann, All 218 851 (Immigration Court, Cleveland filed Nov. 23, 1981) (order of deportation entered pursuant to agreement Feb. 27, 1984); United States v. Schuk, 565 F. Supp. 613 (E.D. Pa. 1983) (defendant denaturalized pursuant to consent agreement, Oct. 31, 1985); United States v. Trucis, 89 F.R.D. 671 (E.D. Pa. 1981), case dismissed on defendant’s death, Dec. 15, 1981; United States v. Virkutis, No. 83–C–1758 (N.D. Ill) (defendant denaturalized pursuant to consent agreement entered Apr. 8, 1988).

Id.

1 101st Cong., 1st Sess. (1989).

2 94 Stat. 3534 (22 U.S.C. §§1645–1645o (1982)).

3 The Act of the International Conference on Vietnam, Mar. 2, 1973, TIAS No. 7568, 24 UST 485, constituted the parties’ acknowledgment, approval and support of the Agreement on Ending the War and Restoring Peace in Vietnam, Jan. 27, 1973, and of the four Protocols thereto, TIAS No. 7542, 24 UST 1; see also Joint Communiqué, June 13, 1973, issued by the parties to the January 1973 Agreement, TIAS No. 7674, 24 UST 1675.

4 Dept. of State File No. P90 0015-0852/0858.

5 Id., No. P90 0015–0859/0865.

6 The projected value of these assets through the end of 1989 is over $245 million. In addition, the South Vietnamese embassy is estimated to be worth approximately $4 million. Only one account, involving approximately fifteen hundred dollars, was blocked prior to April 30, 1975. All the other assets were blocked on, or subsequent to, that date. [This footnote is part of Mr. Newcomb’s testimony.]

7 Dept. of State File No. P90 0015–0866/0880.

1 United States v. Noriega, No. 88–0079 CR (S.D. Fla. filed Feb. 4, 1988); United States v. Noriega, No. 88–28 CR–T (M.D. Fla. filed Feb. 4, 1988).

2 25 Weekly Comp. Pres. Doc. 1974–75 (Dec. 25, 1989).

3 For the full text of the questions and answers on Panama, see Dept. of State File No. P90 0018–0477/0482.

4 25 Weekly Comp. Pres. Doc., supra note 2, at 1977.

On January 2, 1990, the President announced the recess appointment of Ambassador Deane Roesch Hinton as Ambassador to the Republic of Panama, to succeed Ambassador Davis.

5 Id. at 1976.

Noriega took refuge on December 24, 1989, in the Papal Nunciature at Panama, where he remained until January 3, 1990. At that time, he turned himself in to U.S. authorities in Panama with the full knowledge of the Panamanian Government, and was escorted to a nearby U.S. military helicopter and flown to Howard Air Force Base in Panama, where U.S. Drug Enforcement Administration officials arrested him. Noriega was then transported to Homestead Air Force Base, Florida, and was arraigned on January 4, 1990, in the U.S. district court in Miami on charges stemming from his earlier indictment for drug trafficking.

6 Id. at 1984, 1985.