Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

ALIDEDE v. HURNEY

United States District Court, Northern District of Illinois, E.D


June 19, 1969

CAVIT ALIDEDE, PLAINTIFF,
v.
L.W. HURNEY, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, DEFENDANT.

The opinion of the court was delivered by: Decker, District Judge.

MEMORANDUM OPINION

In May 1953 plaintiff Cavit Alidede fled from Yugoslavia to Greece. One year later he immigrated to Turkey. Alidede then became permanently resettled in Turkey. During his eight years of residence there, the plaintiff owned and operated a restaurant. He also became a national and a citizen of Turkey.

In October 1961, plaintiff was issued a passport by the Turkish government and was granted a visa to visit the United States for pleasure. After numerous requests that he leave the country, including several deportation orders by the Immigration and Naturalization Service, Alidede asked that agency in September 1968 to classify him as a refugee under section 203(a)(7) of the Immigration and Nationality Act, 8 U.S.C. § 1153(a)(7). Both the District Director and the Regional Commissioner denied the petition, and plaintiff sought judicial review in this court. The government has now moved for summary judgment.

In reviewing the administrative decision, this court is limited to questions of law, so long as the executive determination is supported by substantial evidence in the record. See, e.g., Todaro v. Pederson, 205 F. Supp. 612, 613 (N.D. Ohio 1961), aff'd 305 F.2d 377 (6th Cir. 1962). After thoroughly reviewing the plaintiff's Immigration and Naturalization file, I have concluded that the agency's findings of fact are fully justified. The government's deportation order is not arbitrary, capricious, nor an abuse of discretion. Alidede left Turkey in order to visit relatives in the United States; he did not flee because of persecution or fear of persecution on account of race, religion or political opinion.

Furthermore, both the plaintiff's Turkish citizenship and his firm resettlement in Turkey prevent Alidede from receiving a conditional entry under section 203(a)(7). The statute provides that:

  "Conditional entries shall next be made available * *
  * to aliens who satisfy an Immigration and
  Naturalization Service officer at an examination in
  any non-Communist or non-Communist-dominated country,
  (A) that (i) because of persecution or fear of
  persecution on account of race, religion, or
  political opinion they have fled (I) from any
  Communist or Communist-dominated country or area, or
  (II) from any country within the general area of the
  Middle East, and (ii) are unable or unwilling to
  return to such country or area on account of race,
  religion, or political opinion, and (iii) are not
  nationals of the countries or areas in which their
  application for conditional entry is made, or * * *"

As explained in Min Chin Wu v. Fullilove, 282 F. Supp. 63, 65 (N.D.Cal. 1968):

  "Not just one, but two, conditions must be satisfied
  for an alien to qualify under section 203(a)(7).
  First, * * * the alien must not be a national of
  the country in which he applies for conditional
  entry. But, second, and equally important, the alien
  must be a refugee * * *. Once an individual has
  stopped fleeing and is safely resettled, regardless
  of the country which he may choose, he is outside of
  the scope of Congressional concern as evidenced by
  this particular statute."

  Alidede meets neither of the preceding two
  prerequisites for a conditional entry.*fn1

There is substantial evidence in the record to support the Immigration and Naturalization Service's deportation order. Since the agency's legal interpretation of section 203(a)(7) was proper, I have entered an order today granting summary judgment for the government.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.