Matter of Palma, Interim Decision Number 2242

• Decision Date: 09 November 1973
• Docket Number: A-7140179,Interim Decision Number 2242
• Citation: 14 I&N Dec. 486
• Parties: MATTER OF PALMA In Deportation Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

14 I&N Dec. 486

MATTER OF PALMA

In Deportation Proceedings

Interim Decision Number 2242

A-7140179

Board of Immigration Appeals.

Decided by Board November 9, 1973.

An alien's departure from the United States in 1973 while under a final order of deportation served to execute the outstanding deportation order, thereby mooting the deportation proceedings. Accordingly, a motion to reopen the deportation proceedings to apply for suspension of deportation cannot be granted, notwithstanding the alien's departure was followed by reentry the same day (Fleuti v. Rosenberg, 374 U.S. 449 (1963), inapplicable).

CHARGE:

Order: Act of 1952 — Section 241(a)(2) [8 U.S.C. 1251(a)(2)] — Entered without inspection

ON BEHALF OF RESPONDENT: Robert L. Milland, Esquire, El Paso Legal Assistance Society, 109 North Oregon Street, Suite 919 El Paso, Texas 79901

On April 26, 1962, an immigration judge found the respondent deportable as charged in the Order to Show Cause and ordered his deportation. Appeal from that decision was waived and the deportation order became final. On May 2, 1973, an immigration judge granted a motion to reopen the deportation proceedings so that the respondent could apply for suspension of deportation. Unknown to the immigration judge, the respondent had departed from the United States on April 8, 1973, returning the same day. The Immigration and Naturalization Service moved to vacate the order to reopen. In an order dated May 23, 1973, the immigration judge granted the Service's motion to vacate on the ground that the respondent's departure from the United States had executed the outstanding deportation order, thereby mooting the deportation proceedings. The respondent has appealed from that order. The appeal will be dismissed.

Section 101(g) of the Immigration and Nationality Act states:

For the purpose of this Act any alien ordered deported ... who has left the United States, shall be considered to have been deported in pursuance of law irrespective of the source from which the expenses of his transportation were defrayed or of the place to which he departed.

8 CFR 243.5 states, in part:

... Any alien who has departed from the United States while an order of deportation is outstanding shall be considered to have been deported in pursuance of law....

The respondent has conceded that he departed the United States on April 8, 1973, while he was under an order of deportation. It is well established that an alien's departure while under an order of deportation executes that order pursuant to section 101(g) of the Act. Mrvica v. Esperdy, 376 U.S. 560, 563-64 (1964); Matter of Solis-Davila, 13 I. & N. Dec. 694 (BIA1971), aff'd Solis-Davila v....