Balsys v. United States, 119 F.3d 122 (2d Cir. 1997), cert. granted, 66 U.S.L.W. 3399 (U.S. Jan. 16, 1998) (No. 97-873).
In 1961, Aloyzas Balsys entered the United States. Today, the government seeks to enforce an administrative subpoena issued by the Office of Special Investigations of the Department of Justice ("OSI") to determine whether Balsys lied on his immigration application regarding his activities during the Second World War. Balsys refuses to comply, however, arguing that his Fifth Amendment right against self-incrimination protects him from disclosing any compelled testimony that could potentially expose him to prosecution abroad.
"Taking the Fifth with You (or Not),"
Yale Law & Policy Review:
2, Article 10.
Available at: http://digitalcommons.law.yale.edu/ylpr/vol16/iss2/10