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Keywords

statuteappealhearingdeportationnaturalizationrespondentliens
statuteappealhearingdeportationnaturalizationrespondentliens

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Guinto v. Immigration and Naturalization Service

Facts

Petitioner immigrant challenged the decision of the Board of Immigration Appeals (Board) in favor of respondent Immigration and Naturalization Service (INS) that began deportation proceedings against him under 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C.S. 1251(a)(2). Petitioner was a seaman who overstayed his leave, was deportable under 241(a)(2), and was ineligible for suspension of deportation under 8 U.S.C.S. 244(f). After a deportation hearing, the immigration judge found petitioner deportable, and also denied discretionary relief. The judge ordered petitioner to voluntarily leave the country within six months. In due course, the Board affirmed the decision.

Petitioner immigrant challenged the decision of the Board of Immigration Appeals (Board) in favor of respondent Immigration and Naturalization Service (INS) that began deportation proceedings against him under 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C.S. 1251(a)(2). Petitioner was a seaman who overstayed his leave, was deportable under 241(a)(2), and was ineligible for suspension of deportation under 8 U.S.C.S. 244(f). After a deportation hearing, the immigration judge found petitioner deportable, and also denied discretionary relief. The judge ordered petitioner to voluntarily leave the country within six months. In due course, the Board affirmed the decision.

Issue

Whether the INS carried its burden to prove petitioner's entry as a crewman, and whether the immigration statutes excluding crewmen from discretionary relief violate the Equal Protection Clause.

Whether the INS carried its burden to prove petitioner's entry as a crewman, and whether the immigration statutes excluding crewmen from discretionary relief violate the Equal Protection Clause.

Rule

Classifications among aliens in immigration statutes are evaluated under the mere rationality test.

Classifications among aliens in immigration statutes are evaluated under the mere rationality test.

Analysis

The court found ample evidence to support the BIA's determination that Guinto had entered as a crewman. The evidence included a crewman's book detailing the desertion of an individual whose photograph resembled Guinto, indicating that he fell into the category of a seaman overstaying his leave. The court also noted that even if Guinto had left the country and reentered without inspection, he would still be ineligible for suspension of deportation due to breaking the chain of seven years' continuous presence required for discretionary relief.

The court found ample evidence to support the BIA's determination that Guinto had entered as a crewman. The evidence included a crewman's book detailing the desertion of an individual whose photograph resembled Guinto, indicating that he fell into the category of a seaman overstaying his leave. The court also noted that even if Guinto had left the country and reentered without inspection, he would still be ineligible for suspension of deportation due to breaking the chain of seven years' continuous presence required for discretionary relief.

Conclusion

The petition was denied, as there was sufficient evidence to prove petitioner was a crewman and any classification imposed by the immigration statutes were rationally based.

The petition was denied, as there was sufficient evidence to prove petitioner was a crewman and any classification imposed by the immigration statutes were rationally based.

Who won?

The Immigration and Naturalization Service prevailed because the court found sufficient evidence to support the determination that Guinto was deportable as a crewman.

The Immigration and Naturalization Service prevailed because the court found sufficient evidence to support the determination that Guinto was deportable as a crewman.

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