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03/16/66 George Peter Klissas, v. Ion and Naturalization

March 16, 1966

GEORGE PETER KLISSAS, PETITIONER

v.

IMMIGRATION AND NATURALIZATION SERVICE, RESPONDENT 1966.CDC.49 DATE DECIDED: MARCH 16, 1966



Bazelon, Chief Judge, and Tamm and Leventhal, Circuit Judges.

UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

APPELLATE PANEL:

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE TAMM

Petitioner, in a direct appeal under 8 U.S.C. § 1105a, (Appendix) seeks review of a deportation order issued against him by the respondent Immigration and Naturalization Service. The deportation order is based upon charges, first, that petitioner is a Greek citizen who as an alien crewman after an entry into the United States in 1957, overstayed in violation of 8 U.S.C. § 1251(a) (2) (Appendix), and, second, that petitioner failed to furnish notification of his address in violation of 8 U.S.C. § 1251(a) (5) (Appendix).

The petitioner alleges a number of administrative and procedural errors with respect to his arrest, detention and deportation hearings and seeks to set aside the deportation order on the ground that these errors so permeate the entire proceedings against him as to render the administrative process null and void from its inception to its conclusion. Included in these charges against respondent's conduct are challenges to the legality of petitioner's arrest, improper use of a confession allegedly extracted from petitioner during a period of illegal detention, lack of evidence (in the absence of an inadmissible confession) to support a finding of deportability, an unfair hearing on the issue of alienage, and other administrative and regulatory transgressions of pertinent regulations and statutes.

Substantial support for petitioner's claims appears in the record before us insofar as respondent's charges of alienage and overstaying are concerned. Were the case to be determined on these aspects of the deportation order alone, we might have to reverse the order and remand the case for new proceedings to be conducted with due regard both for petitioner's rights and the governing regulations, statutes and case law.

Unfortunately for petitioner, however, our review does not halt at this point. The record discloses that subsequent to the occurrence of all of the irregular conduct summarized heretofore, and while on bond, petitioner was in due course afforded a deportation hearing at which he was represented by counsel of his own selection. Apart from the charge of having overstayed his admission as an alien seaman, he was also charged with having failed to submit address reports as required by law. During the course of this hearing, petitioner, in answer to questions, admitted that he had not filed address reports because of his fear that the immigration authorities would apprehend him. It thus appears that distinct and apart from the much earlier arrest, detention, interrogation and hearing proceedings, the petitioner, free on bond and counseled by his retained attorney, voluntarily and freely admitted his alienage and his violation of a specific provision of the Immigration Act. *fn1

Subsequent to the filing of the briefs and oral argument, we permitted petitioner to file a supplemental memorandum supporting his claim that he is eligible for suspension of deportation in light of the Supreme Court's recent disposition of Soric v. Immigration and Naturalization Service, 382 U.S. 285, 86 S. Ct. 432, 15 L. Ed. 2d 330 (Dec. 13, 1965). We have reviewed the memorandum and the opposition thereto and are of the opinion that petitioner's request that the case be remanded to permit the filing of an application for suspension of deportation should be denied since he clearly does not qualify under the terms of the statute. 8 U.S.C. § 1254(a) (1) (2) (1964), as amended, 79 Stat. 918 (1965) (Appendix).

The deportation order is

Affirmed.

APPENDIX

§ 1105a. Judicial review of orders of deportation and exclusion -- Exclusiveness of procedure

(a) The procedure prescribed by, and all the provisions of sections 1031-1042 of Title 5, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of deportation heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under ...


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