Matter of Bilbao-Bastida

• Decision Date: 18 May 1966
• Docket Number: Interim Decision Number 1586,A-11343968
• Citation: 11 I&N Dec. 615
• Parties: MATTER OF BILBAO-BASTIDA In Deportation Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

11 I&N Dec. 615

MATTER OF BILBAO-BASTIDA

In Deportation Proceedings

Interim Decision Number 1586

A-11343968

Board of Immigration Appeals

Decided by Board May 18, 1966

Since a permanent resident alien who, while visiting in Mexico in July 1961 made a two-week visit to Cuba reentering the United States through Mexico upon presentation only of his alien registration receipt card, was excludable under section 212(a) (20), Immigration and Nationality Act, at the time of such reentry because under the regulation then in effect (8 CFR 211.1 (b) (1)) an alien registration receipt card was not a valid document for reentry when presented by one who had been in Cuba, he is deportable under section 241 (a) (1) of the Act.

CHARGE:

Order: Act of 1952—Section 241 (a) (1) [8 U.S.C. 1251 (a) (1)]—Immigrant needing valid entry document and not having one (section 212 (a) (20)).

This is an appeal from the order of the special inquiry officer finding respondent deportable upon the ground stated above and granting him voluntary departure. The appeal will be dismissed.

The facts and law have been discussed in detail by the special inquiry officer. Briefly, respondent, a 31-year-old married male alien, a native and citizen of Spain, was admitted to the United States for permanent residence in 1959. While in Mexico on a visit in July 1961, he made a two-week visit to Cuba; he came back to Mexico and from there reentered the United States as a returning resident by showing his alien registration receipt card. The Service contends the card was not a valid entry document. The special inquiry officer sustained the contention. He found that the regulation (8 CFR 211.1 (b) (1) ), in effect when the respondent entered the United States, provided that an alien registration receipt card was not a valid document for reentry when presented by one who had been in Cuba. He ruled that the respondent had needed a valid immigrant visa when he reentered from Mexico and since he had none he was deportable as charged.

The respondent refused to testify at the hearing but in a statement which had been taken from him under oath in connection with his petition for naturalization he said that he had no definite ideas about visiting Cuba when he went to Mexico on his vacation, that in Mexico he met an individual who asked him to go to Cuba to make inquiry about the individual's sister, and that it was for this reason and just out of curiosity that he went, that he did not know relations between Cuba and the United States had been broken, that he obtained a passport from the Spanish consul in Mexico and a visa from the Cuban authorities before he left Mexico for Cuba, that he had not applied for permission to visit Cuba in the United States because he did not feel it was necessary since he had "read postcards about Cuba—traveling to Cuba * * * in the Agencies a long time ago" (p. 8, Ex. 4). In counsel's brief and at oral argument, however, it was conceded that respondent visited Cuba and reentered on his alien registration receipt card.

Counsel contends that since no statute makes an alien registration receipt card invalid for reentry merely because the holder is coming from Cuba, the regulation creating such a bar administratively is without authority and that a deportation charge which can be sustained only by reference to the regulation is not valid. The simple answer is that the regulation is binding upon this Board (cf. Swissair...