Interim Decision #3186 

MATTER OF PAPAZYAN 

In Deportation Proceedings 

A-41072056 

Decided by Board June 3, 1992 

(1) The Immigration Act of 1990, Pub. L No. 101-649, 104 Stat. 4978, amended and 

redesignated the exclusion grounds found at section 212(a) of the Immigration and 

Nationality Act, 8 U.S.C. § 1182(a) (1988); these amendments apply to individuals 

who entered the United States on or after June 1, 1991. 

(2) The Immigration Act of 1990 amended and redesignated the deportation grounds 

found at section 241(a) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a) 

(1988); these amendments apply to aliens to whom notice of deportation proceedings 

has been provided on or after March 1, 1991. 

(3) In light of the effective dates for the revised and redesignated exclusion and 

deportation grounds made by the Immigration Act of 1990, an alien in deportation 

proceedings who was provided with notice on or after March 1, 1991, is properly 

charged with deportability under the redesignated section 241(a)(1)(A) of the Act, 8 

U.S.C. § 1251(a)(1)(A) (Supp. 11 1990), as an alien excludable at time of his last entry 

in 1987 under the appropriate exclusion grounds in their form prior to redesignation 

by the Immigration Act of 1990. 

CHARGE: 

Orden Act of 1952—Sec. 241(a)(1)(A) [8 U.S.C. § 1251(a)(1)(A)1—Excludable at entry 

under section 212(a)(14) [8 U.S.C. 1182(a)(14)]—No valid labor 

certification 

Sec. 241(a)(1)(A) [8 U.S.C. § 1251(a)(1)(A)]—Excludable at entry 

under section 212(a)(19) [8 U.S.C. § 1182(a)(19)]—Fraud or 

willful misrepresentation of a material fact 

Sec. 241(a)(1)(A) [8 U.S.C. § 1251(a)(1)(A)]—Excludable at entry 

under section 212(a)(20) (8 U.S.C. § 1182(a)(20)1—No valid 

immigrant visa 

ON BEHALF OF RESPONDENT: ON BEHALF OF SERVICE: 

Abbe Allen Kingston, Esquire David M. Dixon 

Kingston, Martinez & Hogan Appellate Counsel 

1300 Santa Barbara Street 

Santa Barbara, California 93101 William Kiang 

General Attorney 

BY: Milhollan, Chairman; Heilman, Board Member; DeBernardis, Temporary Board 

Member 

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Interim Decision #3186 

In a decision dated January 7, 1992, an immigration judge 

terminated the instant deportation proceedings on the ground that the 

Order to Show Cause and Notice of Hearing (Form I-221) was 

defective and, thus, that the proceedings had been improvidently 

begun. The Immigration and Naturalization Service appealed from 

that decision. The appeal will be sustained and the record will be 

remanded to the immigration judge for further proceedings. 

The respondent is a native and citizen of Turkey who entered the 

United States on February 4, 1987, as a conditional permanent 

resident of the United States based on his marriage to a lawful 

permanent resident of the United. States. The Service charges that the 

respondent's marriage was void on the ground that his spouse's 

divorce from her prior husband was invalid and that her marriage to 

the respondent was therefore a bigamous one. On April 15, 1991, the 

Service issued an Order to Show Cause charging the respondent with 

deportability under section 241(a)(1)(A) of the Immigration and 

Nationality Act, 8 U.S.C. § 1251(a)(1XA) (Supp. II 1990), as an alien 

excludable at time of entry under sections 212(a)(14), (19), and (20) of 

the Act, 8 U.S.C. §§ 1182(a)(14), (19), and (20) (1982). 

At a deportation hearing conducted on November 5, 1991, the 

respondent objected to the form of the charges contained in the Order 

to Show Cause for the reason that the Immigration Act of 1990, Pub. 

L. No- 101-649, 104 Stat. 4978 ("1990 Act"), had redesignated the 

former grounds of excludability and deportability and that the charges 

in the Order to Show Cause reflected the older rather than the current 

provisions under which he should have been charged. The immigration judge continued the proceedings to allow the Service to amend the 

Order to Show Cause. 

At the continued hearing date, the Service declined to amend the 

Order to Show Cause, arguing that its form was proper given the 

respondent's 1987 entry date. The respondent offered a copy of a 

Service memorandum dated March 1, 1991, which indicates that, to 

comply with the requirements of the 1990 Act, all Orders to Show 

Cause issued on or after March 1, 1991, must employ the revised 

deportation section designations created by that legislation. The 

immigration judge terminated the proceedings in light of this document without prejudice to the Service's preparation of another Order 

to Show Cause. 

On appeal, the Service claims that the Order to Show Cause was 

proper as originally issued. It notes that the ground of deportation 

alleged therein, section 241(a)(1)(A) of the Act, is in the form as 

redesignated by the 1990 Act. This ground of deportability alleges, 

however, that the respondent was excludable at the time of his 1987 

entry on several grounds. The Service has accordingly charged the 

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Interim Decision #3186 

respondent's excludability under the relevant provisions of section 212 

of the Act in their form prior to the enactment of the 1990 Act. The 

Service points out in this respect that the amendments to the section 

212 exclusion grounds made in the 1990 Act were to be applied to 

"individuals entering the United States on or after June 1, 1991." 

Because the respondent entered in 1987, the Service argues, the 

former, not the current, exclusion grounds are properly charged in the 

Order to Show Cause. We agree. 

The memorandum that the respondent offered at the deportation 

hearing in support of his claim that the Order to Show Cause was 

fatally defective states: "On all Orders to Show Cause (OSCs) served 

on and after March 1, 1991, all grounds of deportability must be cited 

in accordance with section 241 as revised ... by [the 1990 Act]." We 

note that the Order to Show Cause that relates to the respondent 

comports with this requirement: the respondent is charged with 

deportability under section 241(a)(1)(A) of the Act, which was 

formerly designated as section 241(a)(1). 

In contrast to the deportation grounds in section 241 of the Act, 

however, the statutory language in the 1990 Act relating to the 

effective date of the newly designated exclusion grounds states: "[T]he 

amendments made by this section ... shall apply to individuals 

entering the United States on or after June 1, 1991." Section 601(e)(1) 

of the 1990 Act, 104 Stat. at 5077. Assuming for purposes of analysis 

that the factual allegations contained in the Order to Show Cause are 

true, the respondent is currently deportable as alleged therein because 

he was excludable at the time he entered the United States in 1987, 

i.e., before the effective date of the current exclusion grounds. It 

therefore follows that the Order to Show Cause properly alleges the 

respondent's current deportability under the redesignated section 

241(a)(1)(A) of the Act, which in turn relates to grounds of excludability under section 212 as constituted at the time of his last entry in 1987. 

For the above reasons, the Service's appeal from the decision of the 

immigration judge will be sustained and the record will be remanded 

to the immigration judge. 

ORDER: The order of the immigration judge terminating the 

deportation proceedings is set aside. 

FURTHER ORDER: The record is remanded to the immigration judge for further proceedings in accordance with the foregoing 

decision. 

570