TOTH

11 I. & N. Dec. 3

• Court: Board of Immigration Appeals
• Decided: July 1, 1964
• Docket: 1419
• Status: Published

Opinion

Interim Decision #1419

MATTER -OT Tom In Section 212 (a) (28) (I). Proceedings A-13894479

Decided by Regional Commissioner August 21, 1964.

A native of Hungary and naturalized citizen of Canada, married to a natural- ized citizen of the United States, who was a member of the Comninnist Party of Hungary from 1948 to 1956, when he left Hungary, is granted classification as a defector, pursuant to section. 212(a) (28) (I) (U), Immi- gration and Nationality Act, since his admission to the United States would be in the public interest and he has tiemOlistMted oppositiou to COMMIUliCall within the contemplation of that section, having testified that at the time of . the 1966 Revolution he was a captain in the Hungarian army and aided the revolutionaries by .ftunishing them ears, auto parts, and fuel; that he has completely disavowed and, in tact, never believed in communism; that he opposed communism in Canada since 1955 by spe_aidng out against commu- nism among old-time Hungarians and by participating in plays to raise money to send Hungarian re- fumes in Austrian camps; and six residents of Canada attest to his active opposition to communism during the 6 to 7 years they have known him.

The applicant is a' citizen of Canada, born October 2, 1914 in Meson, Hungary.. He left Hungary in 1956, after the Revolution failed,. and went to Viemfa where he applied for an immigrant visa for the United States. When this was refused, he went to Canada and was naturalized as a Canadian citizen on December 21, 1962. He entered the United States as a temporary visitor on April 6, 1963, and on April 18, 1968, married a naturalized citizen of the United States. They are expecting the birth of their first child in May 1964. The applicant was employed in Canada as a painter and laborer, and in the United States has been employed as an auto mechanic . He admits membership in the Hungarian Workers' Party, also known as the Communist Party - of Hungary (Magyar Dolgozok Partija, or MDP) for 8 years, from 1948 to 1956, when he left Hungary. He now seeks classification as a defector so that he will be in a position to prosecute his application for status as & per- 8 Interim.Decisidn. dt1419 • manent resident under section 245 of the Immigration and Nation- ality Act. The applicant has testified that he joined the Social Democratic Party in Hungary in 1548. This party merged with the Communist Party a few months later, and he continued his membership after the merger because the director of the hospital where he worked told him he would lose his job if he dropped Ont. He estimated that two thirds of the employees at the hospital were Communist Party mem- bers. He attended meetings of the Communiit Party regularly be- cause he had to, and said that communism was taught at these meet- ings. Dues were not required, but he contributed money to the party. The only . office he held was that of sports manager for a group of about 30 Communist Party members who were employed in the hospital where he worked., He testified that he served in the Hungarian Army for about 7 years, from 1937 to 1943, and in: 1951 he 'voluntarily enlisted in the Hungarian Communist Army 'as" an officer• candidate in -order to better himself, as he was poorly Paid Yil..1140 hospital where he rroilrocl.:, He ieinained in the,: army until lie WS :Hungary, in .1956 and attained rank of Captain. He testified -that he continued his membership in. the Communist Party during this 'entire period but held no office in the'perty ivhile he was in' the army. • He said he was required to 'take political training and to disseminate propagandabut wit..%not'vquired to recruit party,rnem- . • • -The appliamt has testified that at the'-time thb•1056iRerolution in Hungary, hewas a captain in the army, in•chtirge. of 'cars and • helped the Revolutionaries by furnishing them with cars, auto parts and .fnel. He also testified !that he has completely disavoived. com- Munism,:and in fact never believed communism. He ,claims to have opposed communism in Canada since 1956 by speaking out against communism among Old-tithe Hungarians and by partkipatink in:plays . to raise money to send to Ifungarian. refageeeln 'Austrian camps: ' The file contains statements by six' residents' Of Canada who have linaiezahe applicant for '6 to"?' yews.' All 'aittiet!to 114 active opposition tb communism during the time tHey have known hith.' The re14•contains a Attune/it by`the"R.ev: Louis 3: Horanyi of Our Lady 13f ilitmgary Catholic .Church in Vancouver, 'Canada, certifying that the-applicant was a• member of that •i5hurlY for 5 years and recom- thendine• him as a trustworthy cinch reliable person of good reputa- tion. Security checks by this Service has disclosed no additional de- rogatory information concerning this sallied; After a careful review of the record it is concluded that the ap- plicant has demonstrated opposition to communism as.contemplated 4 Interi313 Decisidn #1419 by section 212(a) (28) (I) (ii) of the Immigration and Nationality Act and that his admission to the United States would be in the public interest. . ORDER: It is ordered that the application for status as a defector pursuant to section 212(a) (28) (I) (ii) of the Immigration and Na- tionality Act be granted.

5.