516 F.2d 778 (7th Cir. 1975), 73-2025, Soetarto v. Immigration and Naturalization Service

Docket Nº:73-2025.
Citation:516 F.2d 778
Party Name:Soerjanti SOETARTO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
Case Date:May 28, 1975
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit

Page 778

516 F.2d 778 (7th Cir. 1975)

Soerjanti SOETARTO, Petitioner,



No. 73-2025.

United States Court of Appeals, Seventh Circuit

May 28, 1975

Argued Sept. 26, 1974.

Page 779

William H. Oltarsh, New York City, Curry First, Milwaukee, Wis., for petitioner.

John L. Murphy, Chief, and Mary Jo Grotenrath, Dept. of Justice, Criminal Div., Washington, D. C., James R. Thompson, U. S. Atty., Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., for respondent.

Before PELL and SPRECHER, Circuit Judges and RIVES, Senior Circuit Judge. [*]

PELL, Circuit Judge.

This is a petition to review and set aside an order of deportation of Soerjanti Soetarto, brought pursuant to 8 U.S.C. § 1105a(a).

The petitioner is a native and citizen of Indonesia. She entered this country on February 13, 1969, as a nonimmigrant visitor authorized to remain in the United States until April 1969. She failed to depart by that date and on June 12, 1969 applied for permanent residence. Before that application could be acted upon, however, a show cause order was issued charging deportability under 8 U.S.C. § 1251(a)(1), 1 based upon the allegation that at the time of entry Soetarto was within the class of aliens excludable under 8 U.S.C. § 1182(a)(9), 2 having been convicted in the Netherlands in 1958 of a crime involving moral turpitude.

The conviction was for the theft of 500 guilders (approximately $135) occurring in 1956, and for the theft of three rings valued at about 375 guilders (approximately $100) occurring in 1958. The two separate thefts, for some reason not explained in the record, were the basis of the one trial and conviction. A police justice of the court imposed a fine of 25 guilders and imprisonment of 14 days, but then suspended the jail sentence and placed Soetarto on three years' probation.

A deportation hearing was held on February 18, 1972. At that time the Immigration and Naturalization Service lodged an additional charge of deportability, alleging that the petitioner as a non-immigrant visitor had remained in this country longer than authorized. This charge is not being contested. The special inquiry officer found Soetarto deportable on both charges. Additionally, the inquiry officer denied the petitioner's application for an adjustment of status as a permanent resident, based upon her inadmissibility to the United States under 8 U.S.C. § 1182(a)(9) as one convicted of a crime involving moral turpitude.

The Board of Immigration Appeals affirmed the order of the special inquiry officer and the petitioner seeks review.

The petitioner attacks the deportation order on the following grounds:

I. The language "crime involving moral turpitude" in 8 U.S.C. § 1182(a)(9)...

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