In the Postal Service Decision, it was concluded that the arguments made by Respondents in their Motion to Dismiss the Complaint were without merit. On reconsideration, Respondents contend that three of their arguments were erroneously rejected. Each of Respondents' arguments on reconsideration has been considered and is addressed below. None have been found to have merit. A. Due Process Respondents first contend that the Postal Service Decision erred in concluding that Respondents, because of their status as nonresident aliens, are not entitled to due process of law.
Complainant contends that Respondents have been accorded sufficient due process.
Contrary to Respondents' contention, the Postal Service Decision did not hold that nonresident aliens are not entitled to due process of law. Rather, it determined that Respondents had been accorded due process under the Rules of Practice which require a prima facie showing in order for Respondents' mail to be detained and provide Respondents with notice of the initiation of the proceeding, an opportunity to present a defense, an opportunity to survey detained mail, and the right to a hearing on a showing of good cause. See P.S.D. pp. Respondents' contention that they are entitled to the same rights as American citizens was addressed and rejected in the Postal Service Decision. Respondents have failed to make a showing on reconsideration that the holding in the Postal Service Decision is in error.