Matter of V-Z-

Cite as 7 I&N Dec. 103

MATTER OF V- Z

In DEPORTATION Proceedings A-5900098

Decided by Board January 25, 1956

Entry-As United States citizen-Cannot be used to sustain documentary ground of exclusion in deportation proceedings when naturalization is subsequently revoked for reasons other than fraud. Where an individual at the time of entry in 1943 was a citizen of the United States, and his naturalization was revoked almost 9 years later for reasons other than fraud in the procurement, deportation grounds based on his not having presented documents required of aliens at the time of such entry and not having presented himself for inspection as an alien will not be sustained. On the other hand, where the revocation is for reasons of fraud in the procurement of naturalization, the alien will not be permitted to benefit by his fraud and documentary charges will be sustained. CHARGES: Act of 1952-Section 241 (a) (2)-Entry without inspection. Act of 1952-Section 241 (a) ( 1) -No immigrant visa, reentry permit, bordercrossing identification card or other entry document.

BEFORE THE BOARD

Discussion : This is a motion by theActingAssistant Commissioner requesting that we reverse our order of September 28, 1955, approving the action of the special inquiry officer terminating proceedings. The motion will be denied. The facts have been fully stated in previous orders. The issue is whether the respondent, who in 1943 while a citizen made an entry into the United States, was then required to be in possession of immigration documents which an alien had to possess, because almost 9 years after that entry his naturalization was revoked on the ground that he had been dishonorably discharged from the Armed Forces of the United States. We ruled that the special inquiry officer was correct in applying the doctrine of Matter of C—, A-5982828, 3, I. & N. Dec. 275, to the effect that the law would not require the performance of an impossible act, that the respondent, a United States citizen at the time of entry, could not have obtained the documents required of an alien to reenter the United States.

103

Cite as 7 I&N Dec. 103

The Acting Assistant Commissioner is of the view that Matter of C , supra, does not apply because the individual in Matter of C- had been lawfully admitted for permanent residence while this alien was originally lawfully admitted only for a temporary purpose. The rule drawn from the cases is that where an individual at time of entry was a citizen of the United States, and his naturalization was revoked for reasons other than fraud in procuring the naturalization, a documentary ground of exclusion (or one relating to inspection) will not be sustained. On the other hand, where the revocation is for reasons of fraud in the procurement of naturalization the alien will not be permitted to benefit by his fraud and documentary charges will be sustained. In the instant case there was no fraud in the procurement of the naturalization. The charges, therefore, were properly held to be not sustained. The Acting Assistant Commissioner is of the opinion that this Board and the special inquiry officer have, in effect, accorded the respondent lawful permanent residence in the United States although he has never been admitted for permanent residence. The conclusion is that of the Acting Assistant Commissioner and not this Board. That issue was not before us and is not one we need pass upon at this time. The motion will be denied. This denial is without prejudice to any action the Service may wish to institute based on the original entry. Order: It is ordered that the motion be and the same is hereby denied.

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