MATTER OF M B— 

In EXCLUSION Proceedings 

A-7755217 

Decided by Board July 2, 1959 

Parole—Hearing upon revocation not required except in "Hungarian" cases. 

No error found in failure to accord applicant for admission a hearing in respect to revocation of parole authorized under section 212(ci) (5) of the 1952 

act. Decision in Paktorovics v. Murff, 260 F.2d 610, held to be limited to 

Hungarian refugees brought to this country as invitees of the United States 

Government. 

EXCLUDABLE: Act of 1952—Section 212(a) (20) [8 U.S.C. 1182(a) (20)]—Itrunigrant—No visa. 

BEFORE THE BOARD 

Discussion : This case is before us on appeal from a special inquiry 

officer's order of April 21, 1959, holding the appellant to he an immigrant and directing his exclusion and deportation from the United 

States on the above-stated ground. The appeal will be dismissed. 

The record relates to a married male alien, a native and national 

of Cuba, who applied for admission into the United States on 

December 31, 1958. Pending a determination as to his admissibility 

under the immigration laws, he was paroled into this country under 

the provisions of section 212(d) (5) of the Immigration and Nationalality Act. On March 25, 1959, he was served with notice that his 

parole was being revoked as of March 27, 1959. On the latter date, 

he was served with another notice that his admissibility would be 

determined by a special inquiry officer, and the exclusion proceedings 

leading to this appeal were then held. 

The appellant arrived in the United States as a refugee from 

Cuba, folloWing the collapse of the Government of Fulgencio 'Batista. 

He was followed by his wife, who is now in the United States as 

a temporary visitor. He is the holder of a valid Cuban passport, 

hot, he has no visa entitling him to apply for admission into the 

United States. 

The appellant seeks admission into this country for an indefinite 

period of time, until the political situation in Cuba will permit his 

return to that country with safety. He has no present plan to go 

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to any other country, and he does not have any document. which 

would entitle him to apply for admission into any other country. 

He is a former alien resident of this country who abandoned his 

resident alient status in 1052. At that time he returned to Cuba to 

accept an official position in the Cuban Government and he has been 

a. resident of Cuba at all times since, until the present. 

On the basis of the foregoing, the special inquiry officer has held 

that the appellant is an immigrant within the purview of the Immigration and Nationality Act, and the evidence of record clearly supports him in this respect. Accordingly, and since he does not have 

a visa valid for admission in that status, the special inquiry officer 

properly ordered his exclusion and deportation on the above-stated 

ground. 

"We reject the claim that, procedural error was committed in this 

case by reason of failure to accord the appellant a hearing with 

respect- to the revocation of his parole, finding that the authority 

relied on (Puktorovics v. Murff, 260 F.2d 610 (C.A. 2, 1958)) is not 

controlling in this situation for several reasons. In the first place, 

the carefully worded opinion of the Court of Appeals for the Second 

Circuit renders it abundantly clear that the court considered the case 

in swi geliel'is, i.e., affecting only Hungarian refugees brought. to the 

United States as invitees of the government of this country, pursuant to the announced foreign policy as formulated by the President. 

Second, and as pointed out in the COurt's opinion, the Congress in 

enacting legislation endorsing the extraordinary action of the President with respect, to Hungarian refugees (P.L. 85-559, 72 Stat. 419, 

approved July 23, 1958), restated the substance of the existing law 

(section 212(d) (5) of the Immigration and Nationality Act), to wit: 

that a parolee, when returned to the custody of the Service and 

found inadmissible under the existing law, has automatically lost his 

status as a parolee, and is required to be excluded and deported just 

as any other excludable alien applying for admission to the United 

States. (See Cong. Rec., vol. 104, No. 31; Feb. 27, 1958; pp.'2676-7.) 

Third, the controlling case insofar as this situation is concerned is 

that of Leng May Ma v. Barber (357 U.S. 185 (1958) ), wherein the 

Supreme Court of the United States maintained its long-held position that in section 219(d) (5) of the Immigration and Nationality 

Act the Congress specifically provided that parole "shall not be regarded as an admission of the alien." and that after the return to 

custody the alien's case "shall continue to be dealt with in the same 

manner as that of any other applicant for admission to the United 

States." 

Finally, the major portion of counsel's argument on appeal was 

directed to facts, circumstances, considerations, and personal characteristics of the appellant which were strenuously urged as definitely 

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demonstrating the propriety of his continued residence in the. United 

States under parole. Under the law and the regulations, however, 

this is a matter properly for the consideration of the Service and 

not this Board. 

Order: It is ordered that the appeal be and the same is hereby 

dismissed 

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