Speech #930206553

OsunaPcos. 443 F.2d 907 (9th Cir. 1971). Chuey overruled the Attorney Generals decision in Matter of Lee. 13 I&N Dec. 214 (1969). OsunaPicos dismissed a criminal prosecution for illegal reentry following a deportation. which the court found invalid because of section 241(f). The governments position is that an alien who enters without an immigrant visa is not "otherwise admissible" within the contemplation of section 241(f). and it is urging the same issue in regard to aliens who allege that they entered across the Mexican border on the basis of a false claim to United States citizenship. who have acquired close relatives in this country. and who contend that they are therefore exempt from deportation under section 241 (f). These and other issues involving section 211(f) have entailed a distortion of the statute and have raised serious enforcement problems. Therefore. an amendment to section 241(f) which would clearly define its scope in the following respects is being proposed: 1. the waiver of deportability would be limited to those who entered with immigrant visas. 2. only the deportation ground related to the misrepresentations would be waived. CXX- 529Part 7 3. the waiver would not be automatic and would be granted only In the discretion of the Attorney General. 4. upon grant of the waiver the alien would be regarded as lawfully admitted for permanent residence. eliminating an uncertainty in his status under the present statute. In order to clarify the Congressional purpose and to eliminate existing confusion.