IN THE MATTER OF C

In DEPORTATION Proceedings

A-5487776

Decided by Central Office January 24, 1952

Decided by Board November 19, 1952

Decided by Board February 20, 1953

Subversive organization; Young Communist League of United States, affiliated with Communist Party of United States-Deportation charge: based on any entry-Hearing officer, substitution.

(1) An alien who first entered the United States in 1928, was a voluntary member of the Young Communist League of the United States in 1938 and last entered the United States in 1945, was found to be deportable both as a member of a proscribed organization after his original entry as well as a member prior to his last entry.

(2) The evidence established that the Young Communist League of United States is an affiliate of the Communist Party of the United States.

(3) Deportability on a charge under the act of October 16, 1918, as amended, may be predicated on any entry into the United States and is not limited to the last entry.

(4) Substitution of hearing officer sanctioned by law and regulations. CHARGES:

Warrant: Act of October 16, 1918, as amended-Prior to entry, alien member of organization that advocates or teaches overthrow, by force or violence, of Government of United States.

Lodged:

Act of October 16, 1918, as amended-After entry, alien who was member of Young Communist League of United States, a section, subsidiary, branch, affiliate, or subdivision of the Communist Party of the United States.

Act of October 16, 1918, as amended-Prior to entry, alien who was member of Young Communist League of the United States, a section, subsidiary, branch, affiliate, or subdivision of the Communist Party of the United States.

BEFORE THE CENTRAL OFFICE

(January 24, 1952)

Discussion: Upon consideration of the entire record, including the exceptions taken, the recommended order of the hearing officer is hereby adopted except that findings of fact (9) and (10), and conclu

sions of law (3) will be deleted; and findings of fact (6) and (8) and conclusions of law (1) and (2) will be amended to read:

FF (6) That respondent was a voluntary member of the Young Communist League of the United States for about 6 months during 1938.

FF (8) That during the period of respondent's membership therein, the Young Communist League of the United States

was an organization affiliated with the Communist Party of the United States.

CL (1) That under the act of October 16, 1918, as amended, respondent is subject to deportation on the ground that he was, after entry, a member of the following class set forth in section 1 of said act: An alien who was a member of the Young Communist League of the United States, an affiliate of the Communist Party of the United States.

CL (2) That under the act of October 16, 1918, as amended, respondent is subject to deportation on the ground that he was, prior to entry, a member of the following class set forth in section 1 of said act: An alien who was a member of the Young Communist League of the United States, an affiliate of the Communist Party of the United States.

In view of our finding of deportability on the above-stated 1918 act charges, we do not find it necessary to discuss any of the other charges based on the same act.

Counsel for respondent has submitted written exceptions and brief. Counsel argues that the alienage of respondent has been improperly found as a fact, rather than concluded as a matter of law. That citizenship as a matter of fact is placed beyond the realm of dispute by the Supreme Court in United States ex rel. Bilokumsky v. Tod et al., 263 U. S. 149, 153 (1923), wherein it is stated:

It is true that alienage is a jurisdictional fact; and that an order of deportation must be predicated upon a finding of that fact. [Emphasis added.]

Exception has been taken by counsel to the findings of fact that respondent is an alien, a native and citizen of Mexico; that respondent last entered this country in 1945, after a visit to Mexico; and that respondent was during 1938 a member of the Young Communist League of the United States, an affiliate of the Communist Party of the United States.

The evidence of record contains a sworn statement made by respondent before an officer of this Service at Los Angeles, Calif., on June 27, 1946. During this interrogation respondent admitted that he was a native of Mexico and had never become a citizen of any other country; that for a period of about 6 months during 1938 he was a

member of, and the president of, the Mexican group of the Young Communist League; and that he had "an idea" that the Young Communist League was affiliated with the Communist Party. He also declared at that time that he had been to Mexico "sometime in January 1945" and that he was married in Mexico on January 26, 1945. Another exhibit of record verifies the arrival of respondent at the port of Laredo, Tex., on March 29, 1928, at which time he was lawfully admitted for permanent residence.

We have examined the transcript of the interrogation of respondent, and we note that at the outset of the questioning, the Service officer properly identified himself, advised respondent that any statement made by him should be voluntary, and that any such statement may be used against respondent in any future proceedings. Respondent stated his willingness to answer questions under those conditions, and was then placed under oath. The statement was recorded in question and answer form, and respondent affixed his signature to the transcription of the interrogation. We find no evidence of coercion; respondent was at liberty to refuse to answer any question. Nor do we see any evidence indicating that respondent was forced to testify against himself. The interrogating officer testified in these proceedings, identifying respondent and the transcribed statement. It seems clear to us that this exhibit is legally admissible in evidence.

SC testified on behalf of the Government, stating that she was a member of the Young Communist League from 1929 to November or December 1937, and that she was a member of the Communist Party of the United States from 1929 to 1942. This witness listed various official positions of responsibility held by her in both of these organizations. She further testified that for a period of 6 weeks she attended a training school for the Young Communist League. The witness related that she was an organizer and that she taught the organizational structure, program, and aims of the Young Communist League. On the basis of her membership, activities, and official positions in the Young Communist League and the Communist Party of the United States, Mrs. C testified that during the entire period of her membership in the Communist Party, the Young Communist League was bound by the decisions of the Communist Party of the United States.

We find that this Government witness possesses such a knowledge of the structure, program, and aims of the Young Communist League and of the Communist Party of the United States as to qualify as an expert witness on such matters. In her opinion, the Young Communist League received its political leadership from the Communist Party, and was bound by the decisions of the latter organization. This is fully set forth in a pamphlet identified by this witness as an

official publication of the Young Communist League. It is entitled "Young Communists in Action," compiled by Lewis Miller, and was issued by the educational department of the Young Communist League. It is described as a "Handbook for Young Communists". On page 8 of this booklet it is stated:

A. WHAT IS THE RELATIONSHIP OF THE YCL TO THE COMMUNIST PARTY?

The Young Communist League is part of the Communist movement as a whole. The Y. C. L. acknowledges the political leadership of the Communist Party. We are opposed to the idea that an independent and isolated struggle of the working youth is possible. It is easy to understand why the league must get its political leadership from the party--simple because the Communist movement must be unified, with definite aims and a single program of action.

Another publication which was identified by this witness as an official document of the Young Communist League is entitled "Programme of the Young Communist International." It was published by the Young Communist League of America, 43 East 125th Street, New York City. Page 13 of this booklet reads:

The task of the Young Communist League is to draw the young workers into the struggle for the world revolution, and, under their leadership, to attract all other sections of the young toilers, training them, in the course of the struggle, in the Communist spirit. The Communist Parties guide the work of the Y. C. L., and the Comintern leads the Y. C. I., which is an international Young Communist League.

Page 35 of this publication declares:

The Y. C. L. opposes the idea of "youth syndicalism," which considers that an independent and isolated struggle of the working youth is possible. The Y. C. L. is a part of the Communist movement as a whole. The C. P. is the leader of the Communist movement and the entire working class; there cannot be no dual leadership, or the existence of two Communist Parties. The Y. C. L., while organizationally independent, works under the direction of the Communist Party and the C. I., and C. P. The Y. C. L. submits to instructions of the C. P. and of the C. I. as the supreme body in the world Communist movement. The nature of the Y. C. L. as a mass school of Communism for the working youth implies that not every member of the Y. C. L. is automatically a member of the C. P. The Y. C. L., however, bears the name Communist because, although it is not formally a party organization, it is nevertheless a Communist organization. Another exhibit of record is entitled "The Communist Party. A Manual on Organization," by J. Peters, published by Workers Library Publishers, P. O. Box 148, Station D, New York City, in July 1935. Page 98 states:

WHAT IS THE RELATION BETWEEN THE C. P. AND Y. C. L.?

The Young Communist League is a mass organization of youth. The Com. munist Party is responsible for building this very important mass organization. The relation between the Party and the Y. C. L. is guided by these principles: The party units bear political responsibility for building the Y. C. L. In order

to carry out this responsibility, the following organizational rules are observed by the party:

1. Each party unit assigns one comrade for work in the corresponding Y. C. L. Unit. This assigned member is not a formal representative of the party to the Y. C. L., but a mature comrade who participates in all activities of the Y. C. L., helps it to formulate policies and to carry out decisions.

In a party unit territory where there is no Y. C. L. unit, one or two comrades should be assigned to the special task of building the Y. C. L. organization.

2. In order to coordinate the work between the party and the Y. C. L., the party should select one Y. C. L. member, preferably one who is a member also of the party, to attend regularly the meetings of the unit bureau. It is understood that all Y. C. L. members who are members of the party attend party unit membership meetings.

3. The same rules are observed on a section scale. The section committee has one of its members assigned to the Y. C. L. section. One member of the Y. C. L. section committee attends regularly the meetings of the section party committee.

Respondent declined to testify in these proceedings. One F C testified on behalf of respondent, stating that he was a member of the Young Communist League from 1930 or 1931 to the latter part of 1938; and that he was a member of the Communist Party of the United States from 1932 to 1940 and from 1945 to date. He further stated that he held several positions of responsibility in both organizations, and that on the basis of his membership and offices in the Young Communist League, he was familiar with the program and policies of that organization. This witness denied that a qualification of membership in the Young Communist League was the acceptance by the member of the political leadership of the Communist Party. Witness Cadmitted that the Young Communist League was affiliated with the Young Communist International, but claimed that the Young Communist League was not bound by the decisions of the Young Communist International.

Although asserting that there was no organizational relationship between the Young Communist League and the Communist Party, witness C testified that there was consultation on particular questions that were of interest to both organizations.

At one point in the proceedings this witness was asked to explain what he meant by "young communist," a phrase he had used several times in his testimony. He replied:

I mean by "young communist" I'm speaking of the members of the Young Communist League.

The witness stated that he agreed with this quotation from the pamphlet Young Communists in Action:

The Y. C. L. acknowledges political leadership of the Communist Party.

Witness C insisted that the activities of the Young Communist League and the Communist Party were not coordinated by a process