RUIZ-MASSIEU

Citations

• 22 I. & N. Dec. 833

Syllabus

RUIZ-MASSIEU, 22 I&N Dec. 833 (BIA 1999) ID 3400 (PDF) (1) In order to establish deportability under section 241(a)(4)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(4)(C)(i) (1994), the Immigration and Naturalization Service has the burden of proving by clear, unequivocal, and convincing evidence that the Secretary of State has made a facially reasonable and bona fide determination that an aliens presence or activities in the United States would have potentially serious adverse foreign policy consequences for the United States. (2) A letter from the Secretary of State conveying the Secretarys determination that an aliens presence in this country would have potentially serious adverse foreign policy consequences for the United States, and stating facially reasonable and bona fide reasons for that determination, is presumptive and sufficient evidence that the alien is deportable under section 241(a)(4)(C)(i) of the Act, and the Service is not required to present additional evidence of deportability. (3) The Government is not required to permit an alien who is deemed to be deportable under section 241(a)(4)(C)(i) of the Act to depart the United States voluntarily prior to the initiation of deportation proceedings where the aliens presence is pursuant to his voluntary decision to enter or seek admission to this country. Matter of Badalamenti, 19 I&N Dec. 623 (BIA 1988) Matter of Yam, 16 I&N Dec. 535 (BIA 1978) Matter of C-C-, 3 I&N Dec. 221 (BIA 1948), distinguished. (4) Extradition proceedings are separate and apart from deportation proceedings and the Governments success or failure in obtaining an order of extradition has no effect on deportation proceedings. Matter of McMullen, 17 I&N Dec. 542 (BIA 1980), rev'd on other grounds, 658 F.2d 1312 (9th Cir. 1981), on remand, Matter of McMullen, 19 I&N Dec. 90 (BIA 1984), aff'd, 788 F.2d 591 (9th Cir. 1986), followed.