Cite as "AILA InfoNet Doc. No. 01110531 (posted Nov. 5, 2001)"
The following biography was
provided courtesy of Interpreter Releases:
Maurice A. Roberts, former Chairman of the Board of
Immigration Appeals (BIA), died on November 2, 2001,
at the age of 91. Mr. Roberts, well-known and loved in his field as the
"dean of immigration law," was active as a lecturer
at law schools and symposiums on immigration law and procedure.
Mr. Roberts was also the author of numerous law review
articles and papers in the field. During his long
public service career, both with the BIA and with the Immigration and
Naturalization Service (INS), Mr. Roberts participated
in some of the most important immigration cases in U.S. history. Much of the
public's understanding of immigration law has been the result
Mr. Roberts' work. He spent much of his time freely sharing his unparalleled
knowledge and helping counsel formulate winning strategies.
Mr. Roberts was born in 1910 in Newark, New Jersey. He
received his law degree summa cum laude from the
Rutgers University Law School in 1932. Admitted to the New Jersey bar that year,
he practiced law in Newark, New Jersey until March
1941, when he entered the INS. In the INS from 1941-1955, he was successively a
naturalization examiner, special inspector, and Chief,
Adjudications Division, in the Philadelphia District Office. In the INS Central
Office in Washington, D.C., he was Assistant Chief, Investigations,
and Deputy General Counsel. In the Department of Justice's Criminal Division
from 1955-1968, he was active in the Immigration Litigation
Unit, which supervised the conduct of lower federal court litigation under the
immigration and nationality laws, and was head of the Unit
from 1965-1968. Among the many Supreme Court cases in which he participated in
drafting the government's brief were Shaughnessy v. Mezei,
345 U.S. 206 (1953); Marcello v. Bonds, 349 U.S. 302 (1955); and Rosenberg
v. Fleuti, 374 U.S. 449 (1963). Among the cases he
argued for the government in the Supreme Court were Hintopoulos
v. Shaughnessy, 353 U.S. 72 (1957) and Chaunt v. United States, 364
U.S. 350 (1960).
From 1968 to his retirement from government service in
November 1974, Mr. Roberts was Chairman of the Board
of Immigration Appeals, which acts for the Attorney General in hearing and
determining appeals from various INS decisions, as
well as orders of Immigration Judges in deportation and exclusion
cases. On retirement from the Board in November 1974, Mr. Roberts assumed
editorship of Interpreter Releases, a leading weekly periodical on
immigration and nationality law now in its 78th year of publication. He
first became Editor-in-Chief of that publication and was later named
Editor Emeritus, a title he held until his death. He was also the former
Executive Editor of the monthly Immigration Briefings.
Both periodicals are now published by West Group. Mr. Roberts also co-authored
Understanding the 1986 Immigration Law, which was
published by Federal Publications Inc.
His career was dedicated to the principles of justice,
fundamental fairness, and due process in U.S.
immigration law and administration. For example, Mr. Roberts was one of the INS
officials designated to conduct hearings after World
War II in the cases of U.S. citizens of Japanese ancestry who were interned by
the U.S. government. Many renounced their U.S. citizenship while
confined, and it was Mr. Roberts' job to determine which renunciants acted out
of loyalty to Japan; these were to be deported to Japan. Mr. Roberts
conducted hearings in 197 cases and recommended against deportation in 186
cases, finding on the evidence that those renunciations had not been
made because of disloyalty to the U.S., but rather because of the
internees' resentment at being unjustly confined on the basis of racial and
national origin discrimination, which undermined the
supposed voluntariness of the renunciations. Mr. Roberts also prosecuted
deportation proceedings against high-ranking
Communists in the U.S. during the Cold War, including Gerhard Eisler, the
Communist International representative in the U.S.
Mr. Roberts was the recipient of many awards, honors, and
tributes, such as the Attorney General's Medallion
(1974); the Founder's Award of the American Immigration Lawyers Association
(AILA) (1975); the AILA Edith Lowenstein Award (1986);
and plaques from the Immigration Committees of the New Jersey State Bar
Association (1983) and the Federal Bar Association (1988), the
National Center for Immigrants' Rights, Inc. (1988), and the Washington,
D.C. Chapter of AILA (1988), as well as a tribute by Carolyn Waller placed
in the Congressional Record in 1990 by Sen. Edward M. Kennedy. During his
long career, Mr. Roberts was a member of the American Bar Association, the
Federal Bar Association, the American Immigration Law Foundation, and the
American Immigration Lawyers Association.