Matter of M-

Cite as 5 I&N Dec. 242

IN THE MATTER OF M—

In DEPORTATION Proceedings A-7426050

Decided by the Board May 26, 1953

Communist Party of Cuba-Partido Socialista Popular (Popular Socialist Party) of Cuba held to be direct successor of Deportability under the act of October 16, 1918, as amended, because of membership prior to entry-Evidence of membership.

(1) The Partido Socialista Popular ( Popular Socialist Party) of Cuba is a direct successor of the Partido Comunista de Cuba ( Communist Party of Cuba) and there is no need to inquire into the program of the former since the proscription contained in the act of October 16, 1918, as amended, extends to direct successors of the Communist Party of any foreign state.

(2) An alien who was a member of the Popular Socialist Party of Cuba prior to entry is deportable under the Act of October 16, 1918, as amended.

(3) The admission by an alien in a sworn statement before an officer of the Immigration and Naturalization Service that she was a candidate for public office as a representative of the Popular Socialist Party of Cuba and that she belonged to that party, supported by documentary evidence of her candidacy for public office on the ticket of such party, is sufficient to establish membership in or affiliation with such organization even though the alien remains silent during the deportation hearing. The fact that the stenographer who took the sworn statement also served as interpreter is not material where such individual is competent to perform both duties and the alien indicates the record has been read to her in her native tongue and is correct. CHARGES :

Warrant : Act of 1918 - Prior to entry she was a member of the following class, set forth in section 1 of said act : An alien who was a member of the Communist Party of a foreign state, or of a political, or geographical subdivision of a foreign state, to wit: Partido Socialista Popular. Lodged: Act of 1918-Prior to entry she was a member of the following class, set forth in section 1 of said act : An alien who was a member of the Communist Party of a foreign state, or of a political or geographical subdivision of a foreign state, to wit : Partido Socialista of Cuba. Act of 1918-Prior to entry she was a member of the following class , set forth in section 1 of said act : An alien who was a member of an organization which is or was the direct successor of the Communist Party of a foreign state, or of a political or geographical subdivision of a foreign state, to wit: Partido Socialista Popular of Cuba. Act of 1918 -Prior to entry she was a member of the following class, set forth in section 1 of said act: An alien who was affiliated with an organization which is or was the direct suc

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cessor of the Communist Party of a foreign state, or of a political or geographical subdivision of a foreign state, to wit : Partido Socialista Popular of Cuba.

BEFORE THE BOARD

Discussion : The case is before us on appeal from the order of the hearing officer, dated January 29, 1953, directing the subject's deportation from the United States in compliance with the law on the charges lodged at the hearing. Counsel is here requesting termination of the proceedings, or reopening thereof for the introduction of additional evidence. The record relates to a 41-year-old married female alien, a native and citizen of Cuba, who entered the United States on February 23, 1950, and was then admitted for permanent residence. The hearing officer's order is based on a finding that she was a member of and affiliated with the Partido Socialista Popular (Popular Socialist Party) in Cuba prior to her entry. The respondent did not testify at the hearing on instructions of counsel, who also refused to let her be sworn, but identified her as the person named in the warrant of arrest and upon whom it was served. The Government then introduced into the record as exhibit 2, the transcript of a sworn statement made by the respondent to an officer of the Immigration and Naturalization Service at San Juan, Puerto Rico, on April 4, 1951. Therein the respondent stated that she was a candidate for the office of the Common Council (Municipal Assembly) of Palma Soriano, Cuba, as a representative of the Partido Socialista Popular of Cuba; that she was affiliated with that party in Cuba and was a candidate at the urging of friends and that anyone who so desired could be a candidate of that party; and that she belonged to that party in Cuba. The record contains properly admitted documentary evidence, exhibit 6, which corroborates her testimony as to her candidacy for public office in Palma Soriano, on the ticket of the Popular So- cialist Party (Partido Socialista Popular) . We note that the date of this election was only three months subsequent to the time the organization which she represented changed its name from Partido Union Revolucionaria Comunista (Party of the Communist Revolutionary Union) to that of Partido Socialista Popular (Popular Socialist Party) . However, she disclaimed knowledge that the Partido So- cialista Popular is the Communist Party of Cuba ; that it is a branch of the World Communist Party; and of the doctrine of World Communism. Counsel contends that the hearing was unfair because the sworn statement, exhibit 2, constitutes the basis of this case and was improperly taken and received in evidence. This contention is based on the fact that the person who was the stenographer also served as interpreter and performed the two duties simultaneously. It is apparently

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argued that such a task is so formidable that the record of the statement thus obtained could not possibly be a true transcript. In this connection, we have carefully considered the complete record and have found no evidence that it was not a true transcript. The qualifications of the person involved to perform the duties of stenographer or interpreter have not been challenged. In fact, it appears that she was quite competent at either and/or both tasks. The respondent acknowledged at the conclusion of the statement that she thoroughly understood the interpreter ; she initialed each page thereof and subscribed it, including the statement that the record had been read to her in Spanish and was correct. At the hearing she refused to testify regarding the sworn statement. The stenographer-interpreter and the Service official who took the statement both testified at the hearing. No claim has been advanced that it was not a voluntary statement, and the record shows that she was properly warned at the outset thereof. Counsel has pointed out no particular part of the statement as having been improperly recorded, but merely relies on a belief that it could not possibly be correct. In view of the foregoing, we find that counsel's contention in this respect is entirely without merit.

It is next contended that the proceedings in this case are violative of the constitutional rights of the alien because the Administrative Procedure Act was not complied with, and because her deportation on the grounds urged would constitute a bill of attainder. In the first place, Public Law 843, 81st Congress, approved September 27, 1950, removed proceedings under laws relating to the exclusion or expulsion of aliens from the requirements of the Administrative Procedure Act. Secondly, the position of the courts does not support that of counsel (Harisiades v. Shaughnessy, 342 U. S. 580 ; Martinez v. Neelly, 197 F. ( 2d) 462, affirmed 344 U. S. 916 (1953 ) ) . Counsel contends that the evidence of this record does not suffice to show that this alien was a member of, or affiliated with, an organization which was the direct successor to the Communist Party of Cuba. We, however, feel that it does. Exhibit IV of the record is a certified photostatic Spanish language document, together with a certified English translation thereof, of the superior electoral board of Cuba which states in part, as follows : That the superior electoral board, by agreement reached on August 19, 1939, approved the fusion of the parties of national character named "Partido Comunista de Cuba" ( Communist Party of Cuba ) and "Partido Union Revolucionaria" ( Party of the Revolutionary Union ) with the denomination of "Partido Union Revolucionaria Comunista" ( Party of the Communist Revolutionary Union) . *** That the superior electoral board, by agreement reached on March 1, 1944, approved the change of name and emblem of the party named "Partido Union Revolucionaria Comunista" (Party of the Communist Revolutionary Union) to that of "Partido Socialista Popular" ( Popular Socialist Party) .

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The certified English translation of the Spanish names of the aforesaid parties are, respectively, "Communist Party of Cuba," "Party of the Revolutionary Union," "Party of the Communist Revolutionary Union," and "Popular Socialist Party." In connection with the foregoing, we note that the exhibit IV contains information kept as a matter of public record and was issued in the prescribed manner, in accordance with the laws of the Republic of Cuba ; in addition, it has been properly authenticated by appropriate officials of the Cuban Government and by the vice consul of the United States at Havana, Cuba. Counsel submits that all that exhibit IV shows is that there has been an amalgamation of two parties in Cuba, as a result of which there emerged a third party. He then contends that there is no evidence in this record as to the nature of the program of each of the parties involved and that, therefore, there is no evidence to show that this respondent was a member of any party of such a nature as to render her deportable under the act of October 16, 1918, as amended. We find this contention to be without merit. In the first place, the act of October 16, 1918, as amended, provides that membership in the Communist Party of the United States or of any foreign state or the successor of such party, regardless of what name such organization may use, is ground for deportation without the necessity of proving its program (Matter of D , A-7808001, 4, I & N. Dec. 745, citing section 22 of the Internal Security Act of 1950; and Martinez v. Neelly (supra) ) . In other words, the proscription of the act of October 16, 1918, as amended, is directed to every Communist Party in the world which includes every party that has ever been part of the world Communist movement directed from the U. S. S. R. , regardless of the name by which it may be, or have been, known; and every direct successor party or organization, having the same general ideological objectives, or purposes, is also within the statutory proscription on the same terms. Even counsel has conceded that the absence of the word "Communist" from the title of the party of which this alien was a member is immaterial. In addition, it is significant that the language of the statute extends the proscription to successor parties, i. e. the proscription of the statute extends to any direct successor party, and is not limited to the first such successor. Second, to us it is clear that the evidence of this record, specifically exhibit IV, definitely demonstrates that the Partido Socialista Popular is a direct successor to the Partido Comunista de Cuba. It shows that the Partido Comunista de Cuba and the Partido Union Revolucionaria fused, and that the party resulting from that fusion was denominated the Partido Union Revolucionaria Comunista, i. e. the successor party took the name of both of its predecessor parties. It is readily apparent that the organizations here under consideration were polit

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ical parties which were required by Cuban law to register and furnish certain data. If the Partido Union Revolucionaria Comunista had been an entirely new party, there would have been no showing of antecedents made. The fact remains, however, that here the Partido Comunista de Cuba was listed as an antecedent of the Partido Union Revolucionaria Comunista. Thus, there is no question but that the latter was a direct successor of the former. The Partido Socialista Popular is nothing but the Partido Union Revolucionaria Comunista under another name. The pedigree speaks for itself and shows the requisite direct lineal descent. Third, the respondent has admitted her membership in the Partido Socialista Popular. Her admission of membership is corroborated by documentary evidence of record. Partido Socialista Popular is a direct successor to the Partido Comunista de Cuba. Thus, the proscription of the statute extends to the organization of which this alien was a member. Therefore, she is deportable under the act of October 16, 1918, as amended, because of her membership in that organization. Fourth, the United States Court of Appeals for the Seventh Circuit, in a decision affirmed by the Supreme Court of the United States, stated that : "The time has passed when it can be successfully contended that proof is required that the Communist Party is or has been an organization which advocates the overthrow by force or violence of the Government of the United States" (Martinez v. Neelly (supra) ) . While the court was there considering membership in the Communist Party of the United States, its language was not limited to that particular branch of the Communist Party. In addition, we feel that it is so well recognized as to obviate further discussion that the ideologies, aims and purposes of the Communist movement are universal. Thus, we need inquire no further into the program of the Communist Party of Cuba, of which the Popular Socialist Party was a direct successor .

Finally, counsel has requested that the proceedings be reopened for the purpose of receiving evidence as to the nature of the program of the Popular Socialist Party of Cuba. In this connection, we have pointed out that such information is not necessary for purposes of our present consideration. The fact remains that the respondent was a member of an organization which is (or was) a direct successor to the Communist Party of Cuba. Furthermore, counsel has stated that respondent will refuse to testify at the reopened proceedings. Thus, no useful purpose would be served by ordering the case reopened. Accordingly, the request will be denied. On the basis of the foregoing, we have found that the evidence of this record definitely establishes that the respondent was a member of an organization which is or was a direct successor to the Communist Party of Cuba and that, therefore, she is deportable on the second

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charge lodged at the hearing. In view of that finding, we do not feel it necessary to consider the question of her deportability on the first or third lodged charge. Accordingly, we will direct her deportation solely on the second lodged charge. Order: It is ordered that the alien's motion to reopen the proceedings be and the same is hereby denied. It is further ordered that the appeal be and the same is hereby dismissed. It is further ordered that the alien be deported from the United States, pursuant to law, on the following charge : Act of 1918-Prior to entry she was a member of the following class, set forth in section 1 of said act : An alien who was a member of an organization which is or was the direct successor of the Communist Party of a foreign state, or of a political or geographical subdivision of a foreign state, to wit : Partido Socialista Popular of Cuba .

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