Strantzalis v. Immigration and Naturalization Service, No. 71-1681.
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 465 F.2d 1016 |
| Parties | Vassilios STRANTZALIS a/k/a Bassilios Strantzalis, Petitioner, v. The IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
| Docket Number | No. 71-1681. |
| Decision Date | 28 August 1972 |
465 F.2d 1016 (1972)
Vassilios STRANTZALIS a/k/a Bassilios Strantzalis, Petitioner,
v.
The IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
No. 71-1681.
United States Court of Appeals, Third Circuit.
Submitted on briefs June 9, 1972.
Decided August 28, 1972.
Joshua M. Briskin, Charles W. Gross, Philadelphia, Pa., for petitioner.
Carmen C. Nasuti, Asst. U. S. Atty., Philadelphia, Pa., for respondent.
Before HASTIE, GIBBONS and MAX ROSENN, Circuit Judges.
Submitted on briefs June 9, 1972 Under Third Circuit Rule 12(6).
OPINION OF THE COURT
PER CURIAM:
Petitioner asks us to find that the Board of Immigration Appeals abused its discretion in denying him the privilege of voluntary departure and ordering him deported. The issue is important to him because the right of voluntary departure under 8 U.S.C. § 1254(e) (1970), would permit him to avoid the stigma of deportation. More importantly, it would allow him to select his own destination and would facilitate the possibility of his return to the United States. Tzantarmas v. United States, 402 F.2d 163, 165 n.1 (9th Cir. 1968).
Strantzalis entered the United States in February 1970 on a leave from his ship. He was authorized to stay here for twenty-nine days. 8 U.S.C. § 1282 (1970). Instead of returning to his vessel at the end of the period, he went to live with his sister and brother-in-law, who reside in Upper Darby, Pennsylvania. He worked in a restaurant for several months until he was apprehended by the Immigration and Naturalization Service on February 10, 1971.
The next day, he had a hearing before a Special Inquiry Officer. He declined to have a lawyer present, and proceeded through an interpreter. He conceded deportability, and represented to the officer that he did not have sufficient money to pay his own way back to Greece. He also told the Officer that he had not filed an alien address card (in violation of 8 U.S.C. § 1305) because he did not want to be apprehended by the Immigration Service. He also conceded that he had used another name to avoid detection and that he had attempted to lie to arresting officers about being a lawful resident.
After this hearing, Strantzalis obtained counsel, who moved to reopen the hearing. The request was granted. Counsel represented that petitioner now had money to return to Greece and was of good moral character. Because these two grounds are sufficient to meet the requirements for voluntary departure under 8 U.S.C. § 1254(e),1 he requested that Strantzalis not be deported but be allowed to leave voluntarily. His request was denied because of appellant's efforts to avoid detection.
We must affirm this result because it is within the broad discretion granted the Attorney General (and his delegate) under Section 1254(e).2 Petitioner contends that the Special...
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Parcham v. I.N.S., No. 81-1529
...of the Board for an abuse of its broad discretion, and we may not substitute our judgment for that of the Board. E.g. Strantzalis v. INS, 465 F.2d 1016, 1017 (3d Cir.1972); Kalatjis v. Rosenberg, 305 F.2d 249, 250 (9th Cir.1962); Polites v. Sahli, 302 F.2d 449, 451 (6th Cir.1962), cert. den......
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US v. Montoya-Robles, No. 96-CR-0064-S.
...statement in a deportation proceeding. Id. p. 402, citing Jolley, supra, and Strantzalis v. Immigration and Naturalization Service, 465 F.2d 1016, 1018 (3rd Cir.1972). Accord: Avila-Gallegos v. Immigration and Naturalization Service, 525 F.2d 666 (2d Cir. 1975) ("Since deportation proceedin......
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N.L.R.B. v. Sure-Tan, Inc., SURE-TA
...Jain v. INS, 612 F.2d 683, 686 n.1 (2d Cir. 1979), cert. denied, 446 U.S. 937, 100 S.Ct. 2155, 64 L.Ed.2d 789 (1980); Strantzalis v. INS, 465 F.2d 1016, 1017 (3d Cir. 1972) (per curiam); Tzantarmas v. United States, 402 F.2d 163, 165 n.1 (9th Cir. 1968), cert. denied, 394 U.S. 966, 89 S.Ct.......
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Molina v. I.N.S., Nos. 89-1684
...Attorney General to permit voluntary departure). This INS decision, too, however, is highly discretionary. Strantzalis v. INS, 465 F.2d 1016, 1017 (3d Cir.1972). To qualify for voluntary departure, a deportable alien must show that he has demonstrated "good moral character" over the precedi......
-
Parcham v. I.N.S., No. 81-1529
...of the Board for an abuse of its broad discretion, and we may not substitute our judgment for that of the Board. E.g. Strantzalis v. INS, 465 F.2d 1016, 1017 (3d Cir.1972); Kalatjis v. Rosenberg, 305 F.2d 249, 250 (9th Cir.1962); Polites v. Sahli, 302 F.2d 449, 451 (6th Cir.1962), cert. den......
-
US v. Montoya-Robles, No. 96-CR-0064-S.
...statement in a deportation proceeding. Id. p. 402, citing Jolley, supra, and Strantzalis v. Immigration and Naturalization Service, 465 F.2d 1016, 1018 (3rd Cir.1972). Accord: Avila-Gallegos v. Immigration and Naturalization Service, 525 F.2d 666 (2d Cir. 1975) ("Since deportation proceedin......
-
N.L.R.B. v. Sure-Tan, Inc., SURE-TA
...Jain v. INS, 612 F.2d 683, 686 n.1 (2d Cir. 1979), cert. denied, 446 U.S. 937, 100 S.Ct. 2155, 64 L.Ed.2d 789 (1980); Strantzalis v. INS, 465 F.2d 1016, 1017 (3d Cir. 1972) (per curiam); Tzantarmas v. United States, 402 F.2d 163, 165 n.1 (9th Cir. 1968), cert. denied, 394 U.S. 966, 89 S.Ct.......
-
Molina v. I.N.S., Nos. 89-1684
...Attorney General to permit voluntary departure). This INS decision, too, however, is highly discretionary. Strantzalis v. INS, 465 F.2d 1016, 1017 (3d Cir.1972). To qualify for voluntary departure, a deportable alien must show that he has demonstrated "good moral character" over the precedi......