A-9708089
Decided by the Board December 18, 1953
Appeal — Specific exception to initial decision required.
Where an appeal has been timely taken in deportation proceedings but counsel for the alien has taken no specific exception to the hearing officer's decision, either in writing or in appearance at oral argument and the form on the reverse of the appeal notice has not been executed, the appeal has not been perfected and the decision and order of the hearing officer are final.
CHARGE:
Warrant: Act of 1924 — Remained longer — Seaman
BEFORE THE BOARD
Discussion: This matter is before the Board on appeal from the decision and order of the hearing officer entered on October 22, 1952, finding respondent deportable on the charge stated in the warrant of arrest, denying his application for suspension of deportation, and granting him the privilege of voluntary departure.
This record relates to a 32-year-old married male, a native and citizen of China, who last entered the United States at the port of New York on January 4, 1946, as a member of the crew of the British SS. Chinese Prince. He was then admitted for shore leave only, not to exceed 29 days. The record establishes that he has remained continuously in the United States since that entry, although he never applied for nor received an extension of the period for which he was admitted. Deportability on the warrant charge is established by the record.
Counsel for respondent filed timely notice of appeal in the instant matter, appeared at time set for oral argument, and at that time submitted the case on the record.
Notice of appeal in deportation proceedings contains, on the first page thereof, the following statement: "If an appeal is taken in a deportation proceeding, it is not perfected unless specific exceptions to the hearing officer's decision are taken, and the form on the reverse of this notice is executed." Counsel has taken no specific exceptions to the hearing officer's decision, and in the notice of appeal now before us, the form on the reverse of the notice of appeal has not been executed. Nor has counsel in appearance for oral argument, taken any specific exceptions to the decision and order of the hearing officer. We therefore conclude that the appeal has not been perfected, and the decision and order of the hearing officer are therefore final. The appeal must therefore be dismissed.
Order: It is ordered that the appeal be, and the same is hereby, dismissed.