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A. DEPORTABILITY UNDER INA §241(a)(1)
Under §241(a)(1) of the INA, the Attorney General may order the deportation of any alien who was excludable at the time of his entry into the United States. 5/ This is a remedial provision designed to reach "all those who managed to enter the United States in violation of a legislative edict barring them." 1 C.Gordon & H.Rosenfield, Immigration Law and Procedure §4.7a (1977). The "legislative edict" need not be found within the INA; an alien is excludable at the time of entry if he falls within one of the classes defined by INA §212(a) or if his admission is forbidden by some other provision of law. 6/ In this case, the other provision of law on which the government relies is Section 14(a) of the Refugee Relief Act which states: "[n]o visa shall be issued under this Act to any person who personally advocated or assisted in the persecution of any person or group of persons because of race, religion or national origin." 67 Stat. 400, 404. Proof that Hazners advocated or assisted in persecution places him within the group of people described by RRA §14(a), a group whose entry into the United States was prohibited by law and who are therefore subject to deportation.
| 5/ | Possession of an apparently valid visa does not affect excludability since the act of a consular officer in issuing a visa or of an immigration officer in admitting an alien has no preclusive effect. United States ex rel. Vajta v. Watkins, 179 F.2d. 137 (2d. Cir. 1950). |
| 6/ | Id., and see Ng Fung Ho v. White, 259 U.S. 276 (1922). |