IN THE MATTER OF P----, 6 IN Dec. 166 (BIA 1954)
IN THE MATTER OF P----. In DEPORTATION Proceedings.
A-4582198.Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Decided by Board June 2, 1954.
Suspension of deportation — Motion to reopen to apply for that relief denied where former member of Communist Party did not avail himself of prior opportunity to apply therefor, did not testify in the proceedings, and makes no disavowal of membership.
A motion to reopen to permit the filing of an application for suspension of deportation is denied in the case of a former member of the Communist Party who did not avail himself of a prior opportunity to apply for such relief, who did not testify in the proceedings, and who has made no express disavowal of membership in a subversive organization during the past ten years.
DEPORTABLE:
Act of 1918 — Member of the Communist Party of the United States after entry.
BEFORE THE BOARD
BEFORE THE BOARD
Discussion: Respondent's appeal from the order of the special inquiry officer requiring his deportation was dismissed on September 22, 1953, by this Board. We found that the record established that the respondent was a voluntary member of the Communist Party of the United States in 1935. Respondent did not testify. He was given an opportunity to apply for discretionary relief and did not do so. This motion is now made for reopening of proceedings to enable respondent to apply for suspension of deportation.
Because respondent was given an opportunity to apply and did not avail himself of the opportunity and because he did not testify in the proceedings, we believe his motion should be denied. Furthermore, the motion is accompanied by an affidavit signed by the respondent which in the general language of the statute states his belief that he is elegible for relief. There is no express disavowal of membership in a subversive organization within the past 10 years or evidence of such nature. Oral argument was requested upon the motion to reopen. We find no need for granting such request. The motion will be denied.
Order: It is ordered that the motion be and the same is hereby denied.Page 167