DOJ Hazners Brief

LEGAL GROUND FOR DEPORTATION IN THIS CASE

The respondent admitted entering the United States on August 23, 1956, when the Immigration and Nationality Act, 8 U.S.C. §1101 et seq., and the Refugee Relief Act, 67 Stat. 400, were both in force. The former provides for the deportation of an alien who "at the time of entry was within one or more of the classes of aliens excludable by the law existing at the time of such entry." INA 5241(a)(1), 8 U.S.C. §1251(a)(1). The latter authorizes the deportation of "[a]ny alien admitted under this Act and subsequently determined to have been inadmissible under the provisions of this Act at the time of entry ..." RRA §7(b), 67 Stat. 400, 404. 4/ Section 14(b) of the RRA also provides for the deportation of aliens who obtain refugee visas to which they were not entitled.

The factual allegations place the respondent within one or more of the following categories:

––	INA §241(a)(1) (alien excludable at the time of entry);
––	RRA §7(b) (alien admitted under RRA and subsequently found to have been inadmissible under its provisions);
––	RRA 514(b) (essentially the same as 57(b) of the RRA). These sections of law are discussed more fully in the succeeding paragraphs.

Respondent's visa, showing admission into the U.S. on August 23, 1956 under the Refugee Relief Act is in evidence as exhibit G-4. 1However, respondent has not admitted its genuineness although the burden is upon him to show the time, place and manner of his entry into the United States INA §291, 8 U.S.C. §1361. Should he fail to do so, he is presumed to be here in violation of law and therefore deportable under INA §241(a)(2), 8 U.S.C. §1251(a) (2).

Examination

Passage and analysis

1“However, respondent has not admitted its genuineness although the burden is upon him to show the time, place and manner of his entry into the United States”

We would note that even by the end of the case, the U.S. government had still failed to responded to requests submitted by Hāzners's attorney for documents related to Hāzners's entry into the U.S.

Updated: September, 2023

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Vilis HāznersDOJ INS Post-Trial Brief—Annotated

Examination