A-6791158
Decided by Board February 19, 1948
Board of Special Inquiry — Jurisdiction.
The subject applied for admission in 1947 and on primary inspection was referred to a Board of Special Inquiry, but the subject succeeded in entering the United States before appearing for a hearing before the Board of Special Inquiry, at which time he was no longer an applicant for admission, and the Board of Special Inquiry had no jurisdiction over him.
EXCLUDED BY BOARD OF SPECIAL INQUIRY:
Act of 1924 — No immigration visa.
Executive Order 8766 — No passport.
BEFORE THE BOARD
Discussion: Appellant acquired United States citizenship by birth in this country in August 1925. He was admitted to the United States as a citizen in October 1945. On March 17, 1947, he crossed the Mexican border for a visit and on the same day he applied for admission to this country. On primary inspection the immigration inspector informed him that it would be necessary for him to appear before a Board of Special Inquiry. Later that day appellant succeeded in entering the United States at the same port by presenting his social security card.
The Board of Special Inquiry hearing in this case was held October 31, 1947. So far as the record shows, appellant was residing in the United States at the time he appeared for the hearing before the Board of Special Inquiry. After he succeeded in entering the United States after he was excluded by the primary inspector, he was no longer an applicant for admission, and the Board of Special Inquiry had no jurisdiction over him. Under the immigration laws if appellant is an alien, there is jurisdiction only in deportation proceedings because by entering the United States he abandoned his application for admission.
(Cf. Matter of A----, 4670293, Jan. 5, 1948.) We think it necessary, therefore, to sustain the appeal on the ground that the Board of Special Inquiry had no jurisdiction to exclude appellant.
In view of this disposition of the case, it is unnecessary to consider at length whether or not the record supports the finding of the Board of Special Inquiry that appellant became expatriated under section 401 (j) of the Nationality Act of 1940, as amended. We think it enough to say, briefly, that in our opinion the record shows that appellant remained in Mexico prior to October 1945 because he did not have sufficient money to enable him to come to the United States, and not because he wished to avoid military service.
Order: It is ordered that the appeal be sustained on the ground that the Board of Special Inquiry had no jurisdiction to exclude appellant, and that appellant be admitted to the United States as a citizen of this country.