Lourdes Cabuco-Flores v. Immigration & Naturalization Service, Genevieve L. Mangabat v. Immigration & Naturalization Service

These petitions for review raise a common question under section 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (f), an ameliorative statute providing that in some circumstances fraud or misrepresentation by an entering alien who has close family ties with a citizen or lawfully admitted permanent resident may be waived as a ground for deportation. The issue is whether section 241(f) applies to deportation of a temporary visitor on the ground that the visitor has overstayed the period authorized. We hold that it does not.

Both petitioners are aliens, citizens of the Philippine Islands. Each entered the United States as a nonimmigrant visitor for a stipulated period. After entry, each bore a child, a United States citizen by birth. Deportation proceedings were commenced against each on the ground that she had remained longer than permitted by her visa, and was therefore deportable under section 241(a) (2) of the Act, 8 U.S.C. § 1251 (a) (2). Each defended on the ground that she was saved from deportation by section 241(f) because when she applied for her visitor’s visa she fraudulently concealed an intention to remain in the United States permanently.

The Board of…