Praman Chiravacharadhikul A.K.A. Praman Chiravacharadhijul v. Immigration and Naturalization Service

645 F.2d 248, 1981 U.S. App. LEXIS 14622
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 3, 1981
Docket80-1479
StatusPublished
Cited by53 cases

This text of 645 F.2d 248 (Praman Chiravacharadhikul A.K.A. Praman Chiravacharadhijul v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Praman Chiravacharadhikul A.K.A. Praman Chiravacharadhijul v. Immigration and Naturalization Service, 645 F.2d 248, 1981 U.S. App. LEXIS 14622 (4th Cir. 1981).

Opinions

ALBERT V. BRYAN, Senior Circuit Judge:

Praman Chiravacharadhikul seeks review of the Board of Immigration Appeals’ (BIA) order denying him eligibility for the discretionary relief from deportation permitted under § 212(c) of the Immigra-; tion and Nationality Act (the Act), 8 U.S.C. § 1182(c).1 To qualify for such relief, an [249]*249alien must have acquired a “lawful unrelin-quished domicile of seven consecutive years.” Although Praman had lived continuously in this country for more than the required seven years, the Immigration and Naturalization Service (INS) denied him invocation of the provisions of § 212(c) because he had not accumulated the seven-year statutory period of stay after the procurement of his permanent resident status in 1977. He petitioned this court for review of the decision in July 1980. 8 U.S.C. § 1105a. We affirm and accordingly deny petitioner’s claim for exoneration from deportation.

Praman, a native of Thailand, came to the United States on December 4, 1968 under a student visa (an F-l). 8 U.S.C. § 1101(a)(15)(F)(i). On March 27, 1970 he obtained a job as a chauffeur for the Ambassador of Thailand and he received a change of status under the Act from student to non-immigrant employee of a foreign government (an A-2). 8 U.S.C. § 1101(a)(15)(A)(ii). He was married and the couple had a child born in Washington, D. C. on June 4, 1971, but he was separated from his wife at the time of the initial' hearing on his petition. Praman applied for permanent residency in 1973. Upon returning from a visit to Thailand in 1975, he entered the country as a non-immigrant employee. Subsequently, Praman traveled to San Salvador and there obtained a non-preference visa. Upon re-entry to the United States on February 28, 1977 he was admitted as a permanent resident.

On March 21, 1978 in the United States District Court for the District of Columbia, Praman was convicted of the unlawful distribution of a controlled substance and received a suspended sentence of confinement of one to five years. 21 U.S.C. § 841(a).

As a result, on July 25, 1978 the District Director of the INS issued an order requiring Praman to appear before one of the judges and show cause why he should not be deported by reason of the criminal conviction. 8 U.S.C. § 1251(a)(2).2 After a full hearing with counsel before the Immigration Judge on the show cause order, Pra-man was, on September 12, 1978, ordered deported and on September 12,1978 a judgment was entered to that effect. In this proceeding Praman was also found to be “statutorily ineligible” to receive discretionary relief from deportation under § 212(c), the judge basing his determination “upon rulings of the Board of Immigration Appeals.” 3

On February 1, 1980 the Board of Immigration Appeals dismissed Praman’s appeal from the decision of the Immigration Judge, it having concluded that:

Deportability has been established by clear, convincing and unequivocal evidence.
******
The record establishes and we find that the respondent does not have the requisite period of continuous lawful un-relin-quished domicile in the United States. See Matter of Newton, Interim Decision 2733 (BIA 1979) and cases cited therein. In any event, section 212(c) does not provide an indiscriminate waiver for all who demonstrate statutory eligibility for such relief. Even if the respondent were eligible, we would not grant him section 212(c) relief in view of his involvement in distributing cocaine. Accordingly, the appeal will be dismissed.

[250]*250The Immigration Judge had earlier noted that the keystone for decision in this case was the prior “rulings of the Board of Immigration Appeals.” Infra at 249. His thesis was reaffirmed by the BIA: it looked to the history of its own conclusions, citing in Matter of Newton, Interim Decision 2733 (BIA 1979).4

The BIA originally construed § 212(c) in Matter of S, 5 I & N Dec. 116 (1953). There it disallowed eligibility to an alien who had resided in the United States for more than seven consecutive years, but had spent only four of them as a permanent resident:

In view of the plain language of section 212(c) of the Immigration and Nationality Act . . . together with the review of the historical background of the legislation, we come to the conclusion that this provision of law is available only to those lawfully resident aliens who are returning to an unrelinquished domicile of 7 consecutive years subsequent to a lawful entry. In other words, we construe the section to mean that the alien must not only have been lawfully admitted for permanent residence but must have resided in this country for 7 consecutive years subsequent to such lawful admission for permanent residence; and that not only the admission must be lawful but that the period of residence must be lawful.

Id. at 118 (accent added).

The soundness of this ratio decidendi was confirmed by the Ninth Circuit in an almost identical factual milieu in Castillo-Felix v. INS, 601 F.2d 459 (1979). Its determination was that reached by the BIA in the review now before us. While recognizing the issue as difficult of resolution, the Court nevertheless decided it with its own reasoning and citation:

We are left with an ambiguous provision with little legislative history to clarify how Congress intended it to be applied. The INS, the agency charged with interpreting the immigration laws, first interpreted § 1182(c) in 1953 and has adhered to its position for 26 years. We stated in Baur v. Mathews, 578 F.2d 228, 233 (9th Cir. 1978):
The administrative agency clothed with responsibility for implementing congressional pronouncements is generally well acquainted with the policy of the statute it administers. This is particularly true when the agency has long been involved in the construction and administration of a given statute or its predecessors. Where, as here, the agency has extensive experience, has relied on the common meaning of the relevant statute’s specific language, and can point to important congressional purposes furthered by its interpretation, only a clear showing of a contrary intent by Congress will justify overruling the agency’s regulations.
See also DHL Corp. v. C.A.B., 584 F.2d 914, 919-20 (9th Cir. 1978); Nazareno v. Attorney General of the United States, 168 U.S.App.D.C.

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645 F.2d 248, 1981 U.S. App. LEXIS 14622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/praman-chiravacharadhikul-aka-praman-chiravacharadhijul-v-immigration-ca4-1981.