E-078625
Decided by the Board October 29, 1953
World communism, advocacy of — Deportability under section 241 (a) (6) (D) of the Immigration and Nationality Act — Suspension of deportation under section 244 (a) (5) not granted.
(1) An alien who admits that she held belief in a revolutionary movement, the purpose of which was to establish a communist totalitarian dictatorship in the United States through the medium of a movement controlled and coordinated internationally, is held to be an advocate of the economic, international and governmental doctrines of world communism and, consequently, is deportable under the provisions of section 241 (a) (6) (D) of the Immigration and Nationality Act.
(2) Although advocacy of world communism is not established beyond 1941, suspension of deportation pursuant to section 244 (a) (5) of the Immigration and Nationality Act is denied as a matter of discretion in view of the respondent's association with communist sympathizers as late as 1944 and the making of donations on such occasions.
CHARGE:
Warrant: Act of 1952 — After entry, an alien who advocates the economic, international and governmental doctrines of world communism.
BEFORE THE BOARD
Discussion: This is an appeal from the order of the special inquiry officer finding respondent deportable on the ground stated above and denying her application for suspension of deportation. The special inquiry officer found that the respondent, a 39-year-old married female, a native and citizen of Canada, last entered the United States in 1917 when she was admitted for permanent residence and that in the period from about 1928 to 1944 she advocated the economic, international, and governmental doctrines of world communism. The latter finding is based upon admissions by the respondent that from about 1928, when she was about 14 years of age and attending high school, until about 1941, she could have been classified as a sympathizer of the Communist Party and a believer in the principles of world communism. She stated that from 1928 to 1936 she believed the economic theories of Marx as far as she could understand them and believed in the form of government advocated by Marx and Lenin; and that she was aware that communism was an international program conducted by leaders who were from Russia. She testified that she advocated communism in school discussions but could recall no occasion on which she had done so after her graduation from a university (1936). She testified that during the period she was a believer in communism she attempted to influence others to believe the way she did, although she could recall no specific instances. She denied that she had, at any time, advocated the use of force or violence.
The respondent testified that from about 1936 to about 1940 she attended open meetings of the Communist Party. She denied having attended any closed meetings. She stated that it was probable that she had received Communist Party literature at these meetings and distributed it to her friends. It further appears that until 1944 she attended social gatherings with groups who appear to have been Communist sympathizers; that at these gatherings lecturers spoke on communism; and that at these affairs she made donations for causes not specifically shown. She denied having ever been a member of the Communist Party or the Communist Political Association, but stated that if the Service had information that she had made an application and received a membership card in the Communist Political Association on July 23, 1944, and if such an event had in fact occurred, it could only have been the result of an application for membership made while she was in an intoxicated condition and that she had no recollection of such event. She stated that at that time she had been a heavy drinker, and she remembered signing something in connection with what she thought was a donation at one of the social affairs mentioned.
Deportation of the respondent is sought under that portion of section 241 (a) (6) (D) which provides for the deportation of aliens who advocate the economic, international and governmental doctrines of world communism or the establishment in the United States of a totalitarian dictatorship. Section 101 (a) (2) defines the term "advocates" to include but not to be limited to, "advises, recommends, furthers by overt act, and admits belief in." Section 101 (a) (40) defined the term "world communism" as meaning "a revoutionary movement, the purpose of which is to establish eventually a communist totalitarian dictatorship in any or all the countries of the world through the medium of an internationally coordinated communist political movement." Section 101 (e) (3) provides as follows:
Advocating the economic, international, and governmental doctrines of world communism means advocating the establishment of a totalitarian Communist dictatorship in any or all of the countries of the world through the medium of an internationally coordinated movement.
It is clear from the record that the respondent has admitted that she held belief in a revolutionary movement, the purpose of which was to establish a communist totalitarian dictatorship in at least the United States through the medium of a movement controlled and coordinated internationally. Her deportability on the charge in the warrant of arrest is established. However, we do not find that advocacy is established for the period beyond 1941.
Application for suspension of deportation has been made. Respondent is married to a citizen of the United States who is in the process of obtaining a divorce from her. There have been no children of the union. Respondent has no dependents in the United States. Her mother, sisters, and brothers reside in the United States. She is employed as a laboratory and X-ray technician earning $60 a week. She has been gainfully employed since at least 1943. Her assets consist of about $55 in cash. She was arrested and convicted in 1947 or 1948 on a charge of drunkenness and fined $25. It appears that since about 1949 she has stopped being a heavy drinker. Although the record does not contain the usual character investigation, affidavits of record and report of the Federal Bureau of Identification revealing the absence of a criminal record, establish that she has been a person of good moral character for the required period. Her residence in the United States for a period of 36 years and the presence in the United States of her mother, brothers, and sisters would appear to cause her deportation to result in an exceptional and extremely unusual hardship to herself. However, upon careful review of the entire record and considering in particular her association with communist sympathizers as late as 1944 and the making of donations on such occasions, we do not believe that suspension of deportation should be granted as a discretionary matter. The appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.