Matter of Banjeglav
| Decision Date | 28 August 1963 |
| Docket Number | Interim Decision Number 1298,A-15804394 |
| Citation | 10 I&N Dec. 351 |
| Parties | MATTER OF BANJEGLAV In DEPORTATION Proceedings |
| Court | U.S. DOJ Board of Immigration Appeals |
On April 29, 1963, the special inquiry officer, after finding that the respondent had failed to establish that he would be subject to physical persecution if deported to Yugoslavia, authorized the privilege of voluntary departure for him, with the provision for his deportation to Sweden, alternatively to Yugoslavia, on the charge contained in the order to show cause in the event of his failure to so depart. The appeal from that decision, which brings the case before this Board for consideration, will be dismissed.
The record relates to a 27-year-old male alien, a native and citizen of Yugoslavia, who last entered the United States on or about September 21, 1962. He was then admitted as a crewman for the period of time his vessel was to remain in port, but in no event to exceed 29 days. He has remained in this country since the expiration of the temporary period of his admission without authority. Accordingly, his deportability on the above-stated charge is established. It is also conceded.
The special inquiry officer has granted the respondent's request for voluntary departure. In this connection, the respondent has testified that he has never been arrested or had any difficulty with the police. There is no evidence of record indicating that he has been other than a person of good moral character during the past five years. He is married to a naturalized citizen of the United States, who testified in his behalf in the course of the deportation proceedings. The record confirms the respondent's testimony that he surrendered himself voluntarily to the Immigration Service. He has asserted that he is ready and willing to leave the United States at his own expense rather than be deported. The special inquiry officer was satisfied that, if faced with the alternative of deportation, the respondent would depart from the United States to some country of his choice. For these reasons, we agree with the special inquiry officer that voluntary departure is merited in these premises. His action in this respect, therefore, is affirmed.
The only issue remaining to be resolved here is whether the respondent has met the burden resting upon him in this proceeding of establishing that he would be subjected to physical persecution if deported to Yugoslavia. For the reasons hereinafter stated, we find that he has not. Therefore, the appeal will be dismissed.
Generally speaking, physical persecution, the likelihood of which authorizes a stay of deportation under this section of the law, means confinement, torture, or death inflicted on account of race, religion or political viewpoint.1 The main thrust of respondent's argument here, ignoring the questions of race and religion, is that he will be subjected to persecution because of his political viewpoint. In essence, his claim is that he has openly expressed opposition to communism, Yugoslav style, by persistently refusing to join the party; and, at least on his last four voyages, by discussing with fellow crew members the good points of the capitalistic system and the weaknesses of dictatorships. We, however, agree with the special inquiry officer that the record, showing that respondent was able to speak as he did and resist all overtures to join the Party, without detriment to his career, does not support the respondent's position.
For about three years prior to becoming a crewman, respondent was an office worker, sailed on a small river boat, and served in the Yugoslav navy. After his discharge, he sailed as a cadet officer for two years, and then took an examination for the merchant marine. He was qualified for this by the training he had received in the naval academy. During his years as a crewman, he rose to the position of second navigating officer.
In our opinion the respondent's progress careerwise, as set forth above, belies any claim to persecution because of opposition to communism. As a matter of fact, respondent has testified that the worst that would happen to him for his refusal to join the Party and his viewpoint would be assignment to ships destined to the Indian Ocean, and denial of scholarships for higher education.
It also has been judicially determined that economic proscription so severe as to deprive a person of all means of earning a livelihood may amount to physical persecution.2 However, the respondent concededly does not base his claim to physical persecution on utilitarian sanctions. In his own words: "He was doing rather well for himself at the time he jumped ship and gave up a career with considerable...
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