Interim Decision #1759 

MATTER OF TSACONAS 

In Deportation Proceedings 

A-13452135 

Decided by Board Jay 7, 1967 

Notwithstanding she alleges that she misrepreoontea her statue to guile edmieRion 

to the United States, respondent, who is charged with deportability under 

section 241(a) (2), Immigration and Nationality Act, in that after admission 

as a nonimmigrant temporary visitor for pleasure she remained longer than 

'authorized, does not come within the purview of acetion 241(f) of the Act 

since fraud or misrepresentation is not essential to the establishment of the 

ground of deportation involved. 

Cr z: 

Order: Act of 1952—Section 241(a) (2) [8 U.S.C. 12513—Nonimmigrant (temporary visitor for pleasure)—remained longer. 

ON BEHALF or RESPONDENT : Melvyn E. Stein, Esquire 

One North LaSalle Street 

Chicago, Illinois 60602 

This case is before us on appeal from a special inquiry officer's 

order of June 9, 1967, granting the respondent the privilege of voluntary departure, but providing for her deportation from the United 

States to Greece, on the charge contained. in the order to show cause, 

in the event of her failure to so depart. The appeal will be dismissed. 

The record relates to a 38-year-old divorced female alien, a native 

and citizen of Greece, who last entered the United States on or about 

October 14, 1965. She was then admitted as a nonimmigrant temporary 

visitor for pleasure for a period until April 13, 1966. She has remained 

here since that date without authority. 

The foregoing establishes the respondent's deportability on the 

charge contained in the order of show cause. This was conceded in the 

course of the hearing before the special inquiry officer and is unchallenged hem This aspect of the case needs no further discussion. 

The special inquiry officer has already granted the respondent the 

privilege of voluntary departure. Suffice it to say, in this connection, 

the record before us supports said official's action in this respect. 

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The respondent declined to name a country of deportation, and 

was informed that her deportation would be directed to Greece if it 

was required by law. She was then granted a period of ten days, 

until June 5, 1967, as provided by regulation, within which to apply 

for temporary withholding of her deportation to Greece, under the 

provisions of section 248(h) of the Immigration and Nationality Act 

(8 U.S.C. 1253). Counsel and the respondent were advised that if no 

application for such relief was filed within the alloted time, the hearing-would be considered closed and the decision would then be made 

on the record. No application for relief under section 243(h) of the 

Immigration and Nationality Act has been received to date. Additional 

comment on this aspect of the case, accordingly, is unnecessary. 

WA find no merit in the respondent's claim that these proceedings 

should be terminated because respondent did not have seven days from 

the date of receipt of the order to show cause instituting these proceedings until the hearing thereunder, which was scheduled for March 6, 

1967. The reason is that the record shows that this deficiency was 

brought to the attention of the special inquiry officer at the original 

hearing, and that he forthwith granted the respondent a continuance 

of the hearing until March 22, 1967. The record further shows that 

the continued hearing was not held until April 6, 1967. Under these 

circumstances, it is clear that the respondent had a period far in excess 

of seven days in which to be made aware of the acts and conduct on her 

part the Service alleged to be in violation of law, and more than an 

adequate opportunity to prepare her defense against them. 

We likewise reject the respondent's contention that her case falls 

within the purview of section 241(f) of the Immigration and Nationality Act (8 U.S.C. 1251), which stipulates that the provisions relating 

to the deportation of aliens who seek to procure, or have procured, 

visas or entry into the United States by fraud or misrepresentation 

shall not apply to an alien "otherwise admissible at the time of entry" 

who is, inter alia, the parent of a United States citizen? The fallacy of 

the respondent's argument lies in the fact that the order for her deportation is not based upon any charge of fraud or misrepresentation. It 

is simply predicated on the fact that, after her admission as a nonimmigrant temporary visitor for pleasure, she remained here for a longer 

period of time than authorized. Hence, the ground of deportation selected and relied upon. by the Government in the administrative proceedings was not fraud or misrepresentation, and the respondent has 

not the power to substitute for her own convenience a. ground not inThe respondent apparently contends that she is saved from deportation because she is, by her own admission, an alien who misrepresented her status to 

gain admission to the United States. 

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Interim Decision 41759 

volved in the deportation proceedings against her. In other words, the 

respondent's alleged intent to commit fraud, which she now claims, is 

not germane here because it is not essential to the establishment of the 

ground of deportation. involved. 

Finally, we find unavailing the last reason given by the respondent 

for the taking of the appeal, to wit; 

The Respondent, since seeing she has lawful permanent resident children, 

should have been afforded the opportunity to cross-examine various witnesses 

"which the Government wished (sic) to present which may have a bearing on the 

Respondent's future eligibility for an immigrant visa. 

Not only is this contention premature, but it is also purely speculative 

in nature. It relates to a matter which may never arise. If it does, then 

the issue thus raised is properly for the consideration of the appropriate American Consul abroad. It is dearly outside the scope of the jurisdiction of the special inquiry officer and this Board. 

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

dismissed. 

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