Matter of Moise

• Decision Date: 21 February 1967
• Docket Number: A-14859690.,Interim Decision Number 1703
• Citation: 12 I&N Dec. 102
• Parties: MATTER OF MOISE. In Bond Proceedings.
• Court: U.S. DOJ Board of Immigration Appeals

12 I&N Dec. 102

MATTER OF MOISE.

In Bond Proceedings.

Interim Decision Number 1703

A-14859690.

Board of Immigration Appeals.

Decided by Board February 21, 1967.

Respondent, who was taken into custody on February 1, 1967, in deportation proceedings, is denied enlargement since there is no reason to believe the proceedings will be unduly delayed or that her deportation cannot and will not be effected with reasonable dispatch upon the conclusion of the proceedings; any delay in the conduct of the deportation proceedings to date is traceable to her actions in requesting postponements thereof; her period of confinement has not been unreasonably prolonged; and further, her unfavorable record, having arrived in the United States on January 21, 1967, with in-transit without visa privileges, conditioned upon her departure on the day of arrival, she instead failed to depart, forthwith accepted employment, and is now making every effort to remain here.

ON BEHALF OF RESPONDENT: Claude H. Kleefield, Esquire 100 West 72nd Street New York, New York 10023 (Brief submitted)

ON BEHALF OF SERVICE: Irving A. Appleman Appellate Trial Attorney (Oral argument)

This case is before us on appeal from a decision of the Deputy District Director at New York dated February 1, 1967, directing that the respondent be detained in the custody of the Immigration and Naturalization Service. The appeal will be dismissed.

The record relates to a divorced female alien, a native and national of Haiti, who is approximately 38 years of age. She last entered the United States on or about January 21, 1967, at which time she was admitted as a nonimmigrant in transit without a visa. She was authorized to remain in the United States in that status until January 21, 1967. She has not departed from this country since that date.

At the time of the respondent's arrival in the United States, she was in possession of a ticket purchased for her by her sister, Suzette Tousaint, on a time payment plan, from a New York City travel agency on January 13, 1967. It called for her to travel from Panama City, Panama, where she had been residing for approximately ten months, via Miami and New York City, to Paris, France. On her arrival in New York City on January 21, 1967, from Miami, Florida, the respondent took a taxi to her sister's home. She was scheduled to depart for Paris, France, on PAA Flight #114 at 5 p.m. on that same date, but claims that when she returned to Kennedy Airport at 5:30 p.m. via taxi her flight had departed.

Thereafter, the respondent returned to her sister's home where she remained until she accepted employment as a sleep-in domestic. She apparently obtained this position through a newspaper ad. She has exerted no efforts to leave the United States since.

The situation as to the respondent came to light when, on January 31, 1967, National Airlines advised the Immigration and Naturalization Service that she had failed to depart as scheduled; that said airline was in possession of her passport and Form I-94; and that her baggage was believed to have gone on to Paris, France. Subsequent investigation by the Immigration and Naturalization Service brought to light the address of the respondent's sister. An interview with the respondent's brother-in-law and a telephone call to her sister resulted in the respondent being informed that she should report to the local immigration office at 9:30 a.m. on February 1, 1967. She so appeared in the company of an associate of present counsel, whose services she had retained on Monday, January 23, 1967, which was two days after her arrival in New York.

The Service opposes the respondent's release under any conditions. It stresses that she has stated that she will not leave the United...