T-1143540
Decided by Board July 9, 1952
(1) Pursuant to 8 C.F.R. 151.5 (e) (effective May 24, 1952), exceptions to the hearing officer's order must be to specific findings of fact and conclusions of law as to deportability to confer appeal jurisdiction on the Board of Immigration Appeals.
(2) Pursuant to the same regulations, there is no appeal to the Board of Immigration Appeals from a hearing officer's denial as a matter of administrative discretion of an application for voluntary departure if the alien has not been in the United States for a period of five years, or more, at the time the warrant of arrest was served on the alien.
CHARGE:
Warrant: Act of 1924 — No immigration visa.
BEFORE THE BOARD
Discussion: This case is before us on appeal from an order of the hearing officer dated May 27, 1952, directing the respondent's deportation on the charge stated in the warrant of arrest.
The respondent is a 39-year-old-married male, a native and citizen of Greece, who last entered the United States at Philadelphia, Pa., on July 8, 1948, as a seaman. The hearing officer found him to be deportable as above mentioned. Counsel in his appeal from the decision of the hearing officer stated that he excepted to the findings of fact and the conclusions of law as to deportability, as well as to the finding that the respondent had failed to establish statutory eligibility for voluntary departure.
Section 151.5 (e) of Title 8 of the Code of Federal Regulations, effective on publication May 24, 1952, provides, insofar as it is pertinent to the instant case, that the hearing officer's order shall be final except (1) when the alien or his counsel or representative takes exception to any specific finding of fact or conclusion of law as to deportability, or * * * (3) when the alien or his counsel or representative takes exception to a finding that the alien has failed to establish statutory eligibility for voluntary departure, or (4) when the alien or his counsel or representative takes exception to a denial of an application for voluntary departure, with or without the additional privilege of preexamination, in a case in which the alien had been in the United States for a period of 5 years or more at the time the warrant of arrest in deportation proceedings was served on him. * * *
Although counsel appeals from a purported finding by the hearing officer that the respondent had failed to establish statutory eligibility for voluntary departure, reference to the opinion of the hearing officer indicates that he found that the respondent had established statutory eligibility for this relief. Accordingly, there is no basis for an appeal on that ground. Furthermore, the notice of appeal does not take any exception to any specific finding of fact or conclusion of law as to deportability and, therefore, there is no basis for consideration of an appeal on that ground. In considering the case we have also noted that the respondent has not been in the United States for a period of 5 years or more. The decision of the hearing officer is therefore final and there is no jurisdiction in this Board to consider an appeal, no basis for any appeal having been shown.
Order: It is ordered that the appeal from the decision of the hearing officer be and the same is hereby dismissed.