In the Matter of F-C

Board of Immigration AppealsDec 8, 1953
5 I&N Dec. 557 (B.I.A. 1953)

T-2072728

Decided by the Board December 8, 1953

Special inquiry officer — Authority to consider motion to reconsider after case has been considered by the Board of Immigration Appeals — Voluntary departure.

Under 8 C.F.R. 8.11 the special inquiry officer has authority to consider a motion to reconsider the issue of the grant of voluntary departure in a case where the Board of Immigration Appeals dismissed the respondent's appeal on the ground that it did not have jurisdiction under 8 C.F.R. 242.61 (f) (2).

CHARGES:

Warrant: Act of 1924 — No immigration visa.

Act of 1917 — Entered without inspection.

BEFORE THE BOARD


Discussion: Appeal has been taken to this Board from a decision of the special inquiry officer who refused to consider a petition to reopen and reconsider an order providing for respondent's deportation on the above-stated charges. Counsel on appeal seeks an order directing the special inquiry officer to consider the motion submitted and to reopen the proceedings for the introduction of evidence material to the issue of discretionary relief.

The respondent, a native and citizen of Mexico, male, 43 years of age, entered the United States surreptitiously on or about May 1, 1952, to seek employment. Deportability is affirmatively established and no exceptions have been taken thereto. Respondent desires to depart voluntarily and although found to be statutorily eligible, the special inquiry officer has denied this relief as a matter of discretion.

The special inquiry officer has denied a motion to reconsider the issue of discretionary relief on the ground that he no longer has any jurisdiction for the reason that the Board has made a final order in the case. This Board dismissed respondent's appeal on June 15, 1953 on the ground that we did not have jurisdiction under section 242.61 (f) (2) of 8 C.F.R. since voluntary departure was denied as a matter of administrative discretion by the special inquiry officer. We find that under section 8.11 of title 8 C.F.R. the special inquiry officer does have jurisdiction to consider the motion in question. Accordingly, we will remand the case to the special inquiry officer with an appropriate order.

Order: The case is hereby remanded to the special inquiry officer for consideration of the pending motion pursuant to the foregoing opinion.