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Virginia Lawyers Immigration Board Of Appeal Deportation Hardship

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Shah v. United States

Facts:

            Deportation proceedings against the alien were originally dismissed based on a finding that he was not a present member of the Communist Party. A new statute was enacted which allowed for deportation of aliens with past communist affiliations. A second deportation hearing was held and deportation was recommended. The Immigration Appeals Board reversed, finding that the alien had not been a Party member. The Attorney General disagreed and ordered deportation. The alien appealed. The appellate court affirmed. On review by the Supreme Court, the appellate court's judgment affirming the deportation order was reversed. The statutory term "affiliation" was improperly construed by the appellate court. The alien's association and contact with the Communist Party was for cooperative measures related to his legitimate longshoremen's union activities. Unsigned, unsworn hearsay allegations that the alien was active in the Party were insufficient to establish the alien's Party affiliation. As there was no proof that the alien gave direct support to the Communist Party and advocated subversive conduct, he was not affiliated with the Party. Deportation was unwarranted.

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Holdings:

            The Federal Court made the following holding:

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

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