Interim Decision #2299 

MATTER OF FARMER 

In Exclusion Proceedings 

A-19815486 

Decided by Board June 28, 197k 

A lawful permanent resident alien who, subsequent to entry, experienced 

psychological difficulties impairing her mental capacities, who was placed 

aboard a plane to Italy by her husband with a one-way ticket he purchased for 

her, and who remained in Italy for over a month, did not upon her return to 

this country make an entry within the meaning of section 101(a)(12) of the 

Immigration and Nationality Act, since her impaired mental capacity either 

rendered her departure unintended or her presence in Italy involuntary 

within the exception clause of that section. Accordingly, she is not subject to 

exclusion proceedings. 

EXCLUDABLE: Act of 1952—Section 212(a)(2) [8 U.S.C.1182(aX2)}—Aliens who are 

insane. 

Act of 1952—Section 212(aX3) 18 U.S.C. 1182(a)(3)]—Aliens who 

have had a prior attack of insanity. 

ON BEHALF OF APPLICANT: Joseph L. Ventress, Esquire 

1229 West First Street 

Los Angeles, California 90026 

The alien applicant has appealed the decision of an immigration 

judge, dated May 14, 1973, which ordered her excluded and 

deported pursuant to sections 212(aX2) and 212(03) of the Immigration and Nationality Act. The appeal will be sustained and the 

proceedings terminated. 

The applicant is a native and citizen of Italy. She is married to a 

United States citizen and was admitted to this country as an 

immigrant on November 21, 1969. She last departed from the 

United States on December 17, 1972, traveling by plane to Italy 

with a one-way ticket purchased for her by her husband. She 

remained in Italy for over a month, returning to the United States 

on February 7, 1973. As a result of her irrational conduct on board 

the plane bound for the United States, the applicant was paroled 

into this country, and she was temporarily hospitalized upon her 

arrival at Los Angeles, California. Exclusion proceedings were 

then commenced in March of 1973. 

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Interim Decision #2299 

Prior to her exclusion hearing, the applicant was examined by 

two physicians employed by the United States Public Health 

Service. On February 9, 1973, these physicians issued a Class A 

Medical Certificate (Ex. 3) relating to the applicant that described 

her as being afflicted with "Schizophrenia reaction—Paranoid 

type." The record indicates that the applicant appealed that 

medical determination. On February 27, 1973 a three-member 

medical board was convened to hear the applicant. The medical 

board agreed with the earlier determination regarding the applicant's mental condition (Ex. A). The procedures employed in making the medical evaluation appear to have conformed with the 

applicable regulations. See 42 CFR Part 34. 

The applicant contests the decision of the immigration judge on 

several grounds. However, we need not consider the issues raised 

by the applicant's attack on her psychiatric evaluation, because, 

regardless of her mental state, she is not properly excludable on 

the facts of this case. In order for the applicant to be subject to the 

exclusion provisions of section 212(a) of the Act, she must first be 

found to be attempting an "entry" as defined in section 101(aX13). 

See Matter of Hoffman -Arnayo, 13 I. & N. Dec. 750 (BIA. 1971). We 

have determined that the applicant is not seeking to make an 

"entry" within the meaning of the Act. 

The pertinent portion of section 101(aX13) states: 

The term "entry" means any coming of an alien into the United States, 

from a foreign port or place or from an outlying possession, whether voluntarily or otherwise, except that an alien having a lawful permanent residence in 

the United States shall not be regarded as making an entry into the United 

States for the purposes of the immigration laws if the alien proves to the 

satisfaction of the Attorney General that his departure to a foreign port or 

place or to an outlying possession was not intended or reasonably to be 

expected by him or his presence in a foreign port or place or in an outlying 

possession was not voluntary.... 

It is evident from the record that the applicant's psychological 

difficulties predated her December 17, 1972 departure from the 

United States. Her husband was responsible for purchasing the 

one-way ticket to Italy and for placing her aboard the departing 

aircraft. We are satisfied that the applicant's lack of mental 

capacity either rendered her presence in Italy "not voluntary" or 

caused her departure to be "not intended," within the meaning of 

these statutory limitations to the general definition of "entry." 

Accordingly, she is not subject to exclusion. She may not be 

prevented from resuming her residence in the United States. 

ORDER: The appeal is sustained and the proceedings are 

terminated. 

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