A-7961362
Decided by Board August 20, 1952.
Board of Immigration Appeals: Jurisdiction on motion to reopen.
(1) The hearing officer's denial of a motion to reopen is final and there is no appeal to the Board of Immigration Appeals from such decision when the motion does not set forth a ground upon which an appeal from the original decision of the hearing officer could have been taken (8 C.F.R. 151.6 (b) and 151.5 (e), effective May 24, 1952)).
BEFORE THE BOARD
Discussion: This record relates to a 19-year-old male, unmarried, a native and citizen of Transjordan, who last entered the United States at New York, N.Y., February 23, 1951, and was admitted as a student under section 4 (e) of the Immigration Act of 1924 for a period of 1 year. The alien was admitted for the purpose of attending the University High School at the Louisiana State University at Baton Rouge, La. Respondent did not actually enter school until September of 1951 and at that time he entered the Baton Rouge High School rather than the school to which he had been destined. He remained in that school for a short time and then transferred to the Istrouma High School also located in Baton Rouge. The record indicates that respondent started working part time about 2 weeks after his entry and continued working at least part time during his stay in the United States without the permission of the proper immigration authorities.
Respondent was apprehended on March 6, 1952, under a warrant charging him with violation of the Immigration Act of May 26, 1924, in that he had remained in the United States after failing to maintain his exempt status of a student under which he was admitted. Hearing was held thereon on March 7, 1952, wherein respondent requested voluntary departure. The hearing officer found respondent deportable on the charge in the warrant of arrest and, it appearing that respondent was without funds to depart voluntarily, ordered him deported pursuant to law. No exceptions were taken to that order.
Counsel on July 17, 1952, submitted a motion for (1) an order staying all proceedings in the matter pending final determination of the motion; (2) an order directing the reinstatement of respondent to his former status as a student under section 4 (e) of the Immigration Act of 1924; (3) for such other and further relief as may seem fair and proper under the circumstances. The hearing officer considered the motion as a motion for reopening of the hearing in accordance with 8 C.F.R. 151.6. The hearing officer, finding nothing in the motion submitted by respondent's attorney nor in the affidavit executed by respondent that would justify any further proceedings in the matter, denied the motion. This case is before the Board on appeal from that decision.
The procedure for the reopening of a hearing in deportation cases is governed by 8 C.F.R. section 151.6. Paragraph (a) thereof sets out the procedure by which a case may be reopened. Paragraph (b) provides, in material part: "The decision of the hearing officer upon a motion shall be final subject to the limitations imposed by paragraph (e) of section 151.5."
Inasmuch as no exceptions were seasonably taken to the findings and conclusions of the hearing officer pursuant to hearing on the deportation charge, as provided by section 151.5, the decision of the hearing officer on the motion to reopen is final. No jurisdiction rests in this Board to disturb his decision thereon. The appeal will therefore be dismissed.
Order: It is ordered that the appeal be, and the same is hereby dismissed.