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ALIDEDE v. HURNEY
June 19, 1969
CAVIT ALIDEDE, PLAINTIFF,
L.W. HURNEY, DISTRICT DIRECTOR, IMMIGRATION AND NATURALIZATION SERVICE, DEFENDANT.
The opinion of the court was delivered by: Decker, District Judge.
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
"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
"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 ...
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