A-7042396
Decided by Board December 4, 1952
Communist Political Association: Membership prior to entry as ground for deportation under act of October 16, 1918, as amended.
(1) An alien, who last entered the United States in 1947 and had been a voluntary member of the Communist Political Association in the United States in 1945, is deportable under the act of October 16, 1918, as amended, because of his past membership in such organization.
(2) It is not necessary in deportation proceedings, for the Government to show that such alien personally advocated or believed in the principles of the Communist Party or that he had knowledge of the real purposes of the Communist Political Association.
CHARGES:
Warrant: Act of October 16, 1918, as amended — Prior to entry, alien member of organization which advocated and taught overthrow of Government of United States by force and violence.
Act of October 16, 1918, as mended — Prior to entry, alien member of organization which distributed printed matter advocating overthrow of Government of United States by force and violence.
Lodged: Act of October 16, 1918, as amended — Prior to entry, alien who was member of Communist Political Association.
BEFORE THE BOARD
Discussion: This case is before us on appeal from an order of the Assistant Commissioner dated July 25, 1951, denying the respondent's application for suspension of deportation, voluntary departure, preexamination, and 7th proviso relief and ordering his deportation on the lodged charge.
The respondent is a 25-year-old unmarried male, a native of Germany, having been born in that country on May 27, 1927, and last a citizen of Russia. He last entered the United States at the port of New York on August 21, 1947, at which time he was admitted as a returning resident. He was first admitted to the United States on August 10, 1940, as a quota immigrant.
The respondent has stipulated that he became a member of the Communist Political Association in January or February 1945; that he continued as a member for an indefinite period but did not participate in any meetings or activities of the Communist Political Association; and that he did not pay any dues to the organization. At the hearing, he testified that his membership in the association had been solicited by a woman who had called at his home; that, with some reluctance, he had signed an application for membership; and that the woman had stated that she would pay the dues and he could owe the money to her. There is in evidence as exhibit 21, a letter dated April 30, 1945, from the president of the Bronx Council of the Communist Political Association, that the respondent testified was sent to him informing him regarding a membership meeting of all of the Bronx communists that was scheduled to be held on May 9, 1945. There is also in evidence as exhibit 22, a letter dated June 4, 1945, that the respondent testifies was sent to him, welcoming him into the organized Communist movement and inviting him to a reception for new members to be held on June 11, 1945. This letter goes on to state that by joining the Communist Political Association he has added strength to the Communist movement.
We find the record sufficient to establish that the respondent was a member of the Communist Political Association for an indefinite period in 1945. The membership was subsequent to his attaining the age of 16 years and it was a voluntary membership within the meaning of the act of October 16, 1918, as amended. There is in evidence as exhibit 25 a copy of the Constitution of the Communist Party of the United States of America, together with the bylaws of the Communist Party of the State of New York, published by the Communist Party of the State of New York in September 1945. The exhibit sets forth the Constitution of the Communist Party of the United States as adopted on July 28, 1945. It also sets forth the bylaws of the Communist Party of the State of New York as adopted by the Convention of the Communist Party of that State held in New York City from August 10 to 12, 1945. It has been introduced by counsel to support an argument that under article III of the bylaws a person was required to be 18 years of age to be eligible for membership in that party and that as it would appear that the respondent was under 18 years of age when he applied for membership in the Communist Political Association, he was not eligible for membership.
The respondent is not charged with membership in the Communist Party, but with membership in the Communist Political Association. As to that issue, the record shows that the respondent was accepted into the membership of the Communist Political Association, prior to the reconstitution of the Communist Party of the United States to which exhibit 25 refers.
As to other points raised by counsel, the constitutionality of the act of October 16, 1918, as amended, has been upheld ( Harisiades v. Shaughnessy, 342 U.S. 580), and to sustain the charge against the respondent, it is not necessary for the Government to show that the respondent personally advocated or believed in the principles of the Communist Party or that he had knowledge of the real purposes of the Communist Political Association. It is sufficient to show that he was a voluntary member of the Communist Political Association ( Matter of D----, A-5668628, decided by this Board on June 24, 1952, 4 IN Dec. 675. See also Matter of Y----, A-4512777, decided by this Board on October 29, 1952, 4 IN Dec. 752.)
We find that the lodged charge is sustained. The respondent is not eligible for any form of discretionary relief, and the appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.