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Keywords

plaintiffattorneystatutehearingsummary judgmentdeportationnaturalizationgood faithrescission
plaintiffattorneyhearingwilldeportationnaturalizationgood faith

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Quintana v. Holland

Facts

Plaintiff Quintana, born in Spain, entered the U.S. in 1934 and was granted a suspension of deportation under the Immigration Act of 1917. In 1953, the Immigration and Naturalization Service sought to rescind this suspension based on alleged Communist Party membership. After a series of hearings, a concurrent resolution was passed in 1956 to withdraw the suspension, leading to plaintiff's deportation order. Quintana contested the rescission, claiming it was void due to timeliness issues.

The plaintiff was born in Spain. He last entered this country in 1934, coming ashore from a ship which was en route from Cuba to Spain. In 1943 he was arrested by the Immigration & Naturalization Service and, after a hearing, found subject to deportation.

Issue

Whether the rescission of the suspension of deportation was valid given the statutory time limits and procedural requirements.

We think the critical point in the case presented by the plaintiff is the question of timeliness of the proceedings to rescind his adjustment of status.

Rule

The Attorney General must take action to rescind an adjustment of status within five years and must make a reasonable determination in good faith after investigation and hearing.

'If, at any time within five years after the status of a person has been adjusted under the provisions of section 1254 of this title or under section 19(c) of the Immigration Act of February 5, 1917, to that of an alien lawfully admitted for permanent residence, it shall appear to the satisfaction of the Attorney General that the person was not in fact eligible for such adjustment of status, the Attorney General shall submit to the Congress a complete and detailed statement of the facts and pertinent provisions of law in the case.'

Analysis

The court found that the rescission action was not timely as it was initiated after the five-year period allowed by statute. The court emphasized that the Attorney General's determination must be based on more than mere suspicion and must follow the statutory requirements for rescission. The concurrent resolution passed by Congress did not alter the statutory time limits.

We think, therefore, that [**7] Congress meant to require the Attorney General to take the described action within five years and to be bound by that limitation itself.

Conclusion

The court reversed the district court's grant of summary judgment against the plaintiff, ruling that the rescission was time-barred and not in conformity with statutory requirements.

The judgment of the district court will be reversed and the case remanded for further proceedings in conformity with this opinion.

Who won?

Plaintiff Quintana prevailed because the court determined that the rescission of his suspension of deportation was not timely and did not comply with the statutory requirements.

The court found that Congress meant to require the Attorney General to take the described deportation action within five years following a reasonable determination made in good faith after an investigation and hearing.

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