A-1614102.
Decided by Board September 10, 1954.
Subversive: Communist Party of the United States — Suspension of deportation, section 244 (a) (5) of Immigration and Nationality Act.
An alien who admits membership in the Communist Party of the United States from 1926 to 1937 and who rose to the positions in that party of organizer and educational director and field organizer of the Unemployment Council is found to be ineligible for suspension of deportation under section 244 (a) (5) of the Immigration and Nationality Act. In view of the high positions he held in the Communist Party and the inflammatory nature of a 1930 Communist Party leaflet he distributed and a speech made by him in 1931 and in the absence of exacting evidence to support his claimed termination of Party membership and alleged opposition to Communism, which evidence he declined to furnish, he has not established that he is no longer sympathetic to Communist principles.
CHARGES:
Warrant: Act of October 16, 1918, as amended — Member of or affiliated with an organization advocating overthrow of United States Government.
Lodged: Act of 1918 — Member of or affiliated with an organization that believes in, advises, advocates or teaches the overthrow by force or violence of the Government of the United States.
Act of 1918 — Member of or affiliated with an organization which causes to be written, circulated, distributed, printed, published or displayed printed matter, advising, advocating and teaching the overthrow by force or violence of the Government of the United States.
Act of 1918 — Has been a member after entry of the Communist Party of the United States.
BEFORE THE BOARD
Discussion: Execution of an order dated March 16, 1932, directing respondent's deportation to Russia on the first two lodged charges, was not effected due to the inability of the Service to obtain a travel document for deportation. By order dated February 21, 1951, we granted a motion of the Commissioner to reopen the proceedings to bring the record up to date.
On March 27, 1952, we dismissed the respondent's appeal from a decision of the Assistant Commissioner directing that the respondent be deported on the third lodged charge, in that after entry he was an alien who was a member of the Communist Party of the United States. Because of such finding of deportability, the Assistant Commissioner deemed it unnecessary to discuss any of the other charges. When we last considered this case on April 8, 1953, we granted the motion of the respondent to reopen the proceedings to afford him an opportunity to submit evidence showing that he is eligible for suspension of deportation under section 244 (a) (5) of the Immigration and Nationality Act. This case is before us now on appeal from a decision of the special inquiry officer denying suspension of deportation and directing that the respondent be deported on the third lodged charge stated above. The appeal is directed to the denial of the application for suspension of deportation.
The respondent is a 47-year-old married male. He is a native of Russia and is, or last was, a national of that country. He has resided in the United States since his admission for permanent residence on February 17, 1922. He admits membership in the Communist Party of the United States from 1926 to 1937. Deportability on the third lodged charge stated above is established by the record.
The respondent married a naturalized citizen of the United States in New York in May 1942. They have no children.
When questioned in July 1930, by an officer of the Immigration Service, the respondent stated under oath that he was born in New York on December 29, 1904, and that he was and had been a member of the Communist Party for two years. At a warrant hearing on March 6, 1931, he was informed that no record could be found of his claimed birth in New York. On August 31, 1931, at a continued hearing, he finally admitted that he was born in Russia and that he was an alien, but denied ever being a member of the Communist Party despite the fact that he was confronted with the aforementioned statement made by him in July 1930.
According to the present testimony of the respondent, he was an organizer and educational director for the Communist Party in New York. He said that the top grade he reached in the hierarchy of Communism was Field Organizer of the Unemployment Council in charge of a borough which comprised several councils. He stated that his main work was with the Unemployment Council but that he also attended conferences of a general nature and was a delegate from his council to meetings of an educational nature.
The respondent claims that although he was one of the foremost members of the convention and elected a member of its presidium, he walked out of a convention of the Communist Party in 1935 in New York when his criticism of the dictatorial methods of the leadership of the Communist Party "was answered with lies."
He testified that he became inactive in the Communist Party in 1936 but remained a member until and last attended a Communist Party meeting the latter part of 1937. He stated that he did not notify the Communist Party of his intention to terminate his membership as failure to pay dues, failure to attend meetings, and lack of activity was sufficient evidence to the officers that he was no longer with them. He alleges that he did state verbally to many friends and co-workers that he was no longer in sympathy with the Communist Party.
The respondent said he has been trying to become a citizen since his induction into the Army in 1942 and has on many occasions averred to the immigration authorities his separation from the Communist Party. He was honorably discharged from the army in 1945.
Respondent has been arrested on several occasions, the last time in 1931, apparently in connection with his activities in behalf of the Communist Party. In July 1930, he was arrested by the police in Providence, Rhode Island, and was convicted for distributing a leaflet captioned: "WORKERS, DEMONSTRATE AGAINST IMPERIALIST (BOSSES) WAR." This leaflet reads in part as follows:
We must fight the bosses' war preparations, and stand ready to defend the Soviet Union.
Don't wait until the slaughter begins, fight war now!
DEMONSTRATE AGAINST IMPERIALIST (BOSSES WAR) AUG. 1st! DEMAND ALL FUNDS FOR UNEMPLOYMENT RELIEF-FORM COMMITTEE IN YOUR SHOP TO DEFEND SOVIET UNION! TURN THE NEXT WAR INTO CIVIL WAR — AGAINST THE BOSSES! JOIN THE PARTY OF YOUR CLASS — THE COMMUNIST PARTY.
Evidence introduced at the 1931 hearing also shows that the alien was one of the speakers at a meeting sponsored by the Communist Party in Haverhill, Massachusetts, on May 1, 1931. A then clerk of the Boston office of the Immigration Service, who attended the meeting and took notes, testified at the warrant hearing in 1931. According to this witness, the respondent began his talk by denouncing the American Legion, Veterans of Foreign Wars, and "Ham Fish of the so-called Fish Committee." The respondent pointed out the success of revolutions in other countries and commended the workers of those countries for instituting "those militant struggles which ended in the overthrow of the bosses." He said in part: "Nothing can halt the growth of the Communist Party. Revolutions in Mexico, Brazil, show the strength of Communism. The workers, now more powerful, has leadership recruited from the ranks of the workers, and this leadership, in a militant struggle will lead the workers to victory in the United States just as the workers have been victorious in other countries where revolutions have taken place to overthrow the capitalistic bosses. We say to the bosses `you see what happened in Russia, you see what happened to Spain, and what the militance of the workers has meant.' We tell the bosses `look at Nicaragua, and beware'."
The respondent was also reported as saying in his speech: "Look at Russia * * * They have a government which this capitalistic government could not compare with in a million years." The respondent also stated that the United States was making preparations to war upon the Soviet Union, to launch an attack on Soviet Russia and advised his listeners against taking the part of capitalism in such a war. He said "In one World War, the workers fought for capitalism, but they are wise now, and there will be a Soviet World, and we are not afraid to say so, if any attempt is made to attack Soviet Russia."
In view of the high positions the respondent held in the Communist Party and the inflammatory nature of the 1930 Communist Party leaflet, and the speech made by him in 1931, we feel that the respondent should present exacting evidence to establish his claimed termination of membership in and his opposition to the Communist Party. This he has failed to do. The affidavits from three persons acquainted with him attest only to his good moral character and physical presence in the United States.
He claimed that he can present "hundreds of witnesses" as to his severance from the Communist Party but declined an opportunity to submit further evidence or affidavits. He asserted that his position is well known to the authorities as he has been investigated for at least the past eight or nine years. He has not joined any anti-Communist societies although he claims he intends to do so when he becomes a citizen.
The only witness presented by him was his wife. She testified that she has been acquainted with him for 25 years, but that she did not know he was a member of the Communist Party until after he severed his connection with the Party in 1935 when he told her he was disillusioned.
In our opinion the evidence of record does not establish that the respondent is no longer sympathetic to Communist principles. Accordingly, we feel that suspension of deportation is not warranted. The appeal will, therefore, be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.