Carmen Cordon De Ruano v. Immigration and Naturalization Service

Carmen Cordon de Ruano petitions for review of a decision of an Immigration Judge, affirmed by the Board of Immigration Appeals (BIA), that she is deportable under § 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(2), for overstaying a temporary entry as a nonimmigrant visitor. We affirm.

On April 29, 1975, two INS officers appeared at petitioner’s door seeking her husband, a subject of pending deportation proceedings. They identified themselves and petitioner asked them into the house. While in the house, the officers asked petitioner questions relating to her nationality and immigration status, and she produced a passport. The officers then requested petitioner to “go with them,” but abandoned this request when they learned her child was sick. At no time did petitioner ask the officers to leave.

On June 18, 1975, the District Director issued an Order to Show Cause charging that petitioner was deportable for having overstayed a temporary admission as a non-immigrant visitor. At the subsequent hearing, petitioner initially refused to answer any questions on the ground that her answers might incriminate her. The Immigration Judge overruled many of…