Harvinder Singh Purba Manjit Kaur Purba v. Immigr. & Naturalization Serv., 884 F.2d 516 (9th Cir. 1989). · Go Syfert
Harvinder Singh Purba Manjit Kaur Purba v. Immigr. & Naturalization Serv., 884 F.2d 516 (9th Cir. 1989). Cases Citing This Book View Copy Cite
35 citation events (2 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
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Cited for
At page 517 Determining physical presence requirement for deportation hearings15 citing casesholding that the statutory language of section 242(b), combined with significance of credibility determinations in depor- tation matters, supports a bright-line rule requiring physical presence before the Immigration Judge2 citing courts put it this way · 14 listed here
  • J-p, 22 I. & N. Dec. 33 (BIA 1998).published
    (holding that the statutory lan- guage of section 242(b), combined with the significance of credibility determinations in deportation matters, supports a bright-line rule requiring physical presence before the Immigratio…)
  • Evans v. State, Tax. & Rev. Dept., 922 P.2d 1212 (N.M. Ct. App. 1996).published
    (when statute requires hearing to be held “before” the hearing officer, deportation proceeding may not be conducted telephonically)
  • United States v. Manuel CONTRERAS, 63 F.3d 852 (9th Cir. 1995).published
    Purba v. I.N.S., 884 F.2d 516, 517 (9th Cir.1989).
  • Byron Paredes-Urrestarazu v. U.S. Immigr. & Naturalization Serv., 22 F.3d 909 (9th Cir. 1994).published
    Although the courts are the "final arbiters of statutory interpretation,'' we recognize that an "agency's construction of a statute that it is charged with administering is entitled to some deference.” Purba v. INS, 884 F.2d 516, 517 (9th…
  • Victor E. Braun v. Immigr. & Naturalization Serv., 992 F.2d 1016 (9th Cir. 1993).published
    Purba v. I.N.S., 884 F.2d 516, 517 (9th Cir.1989).
  • Sun Moon Star Advanced Power, Inc. v. Chappell, 773 F. Supp. 1373 (N.D. Cal. 1990).published
    Purba v. INS, 884 F.2d 516, 517 (9th Cir. 1989).
  • United States v. Esteban Bahena-Cardenas, 411 F.3d 1067 (9th Cir. 2005).published 2 cites
    (holding that an alien is entitled to be physically present at a deportation hearing)
  • Prado Hernandez v. Reno, 86 F. Supp. 2d 1037 (W.D. Wash. 1999).published
    See Purba v. INS, 884 F.2d 516, 517 (9th Cir. 1989) ("Although an agency's construction of a statute that it is charged with administering is entitled to some deference, we keep in mind that the courts are the final arbiters of statutory i…
  • United States v. Paredes-Batista, 140 F.3d 367 (2d Cir. 1998).published
    See Purba v. INS, 884 F.2d 516, 517-18 (9th Cir.1989).
  • Villalba, 21 I. & N. Dec. 842 (BIA 1997).published 2 cites
    See Purba v. INS, 884 F.2d 516 (9th Cir. 1989).
Show 4 more citing cases
  • United States v. Jose Manuel Leon-Leon, 35 F.3d 1428 (9th Cir. 1994).published 6 cites
    See Purba v. INS, 884 F.2d 516, 517 (9th Cir.1989).
  • United States v. McCalla, 821 F. Supp. 363 (E.D. Pa. 1993).published
    See Purba v. I.N.S., 884 F.2d 516, 517 (9th Cir.1989); see also 8 U.S.C. § 1252(b).
  • Le, 22 I. & N. Dec. 113 (BIA 1998).published
    (holding that the statutory language of section 242(b), combined with significance of credibility determinations in depor- tation matters, supports a bright-line rule requiring physical presence before the Immigration Ju…)
  • Edward Allen White v. Wayne McGinnis, 903 F.2d 699 (9th Cir. 1990).published 2 cites
    See, e.g., Purba v. INS, 884 F.2d 516, 517-18 (9th Cir.1989) (under plain meaning of 8 U.S.C.
At page 518 telephonic deportation hearings, absent consent are not authorized by the INA2 citing cases1 citing court put it this way
Retrieving the full opinion text from the archive…
Harvinder Singh PURBA; Manjit Kaur Purba, Petitioners,
v.
IMMIGRATION & NATURALIZATION SERVICE, Respondent
88-7274.
Court of Appeals for the Ninth Circuit.
Sep 7, 1989.
Published opinion
884 F.2d 516
1989 U.S. App. LEXIS 13471
1989 WL 101639
Ronald T. Oldenburg, Honolulu, Hawaii, for petitioners., Donald A. Couvillon, Steven Richards Valentine, Deputy Asst. Atty. Gen., Office of Immigration Litigation, Dept, of Justice, Washington, D.C., for respondent.
Goodwin, Hug, Tang.
Cited by 22 opinions  |  Published
HUG, Circuit Judge:

Harvinder Singh and Manjit Kaur Purba petition us to review the decision of the Board of Immigration Appeals (“BIA”) finding them deportable from the United States. The Purbas present a question of first impression in this circuit about the manner in which a deportation hearing must be conducted. Rather than having the proceedings conducted physically before the immigration judge (“IJ”), the hearing was conducted over the telephone. The Purbas contend that this telephonic hearing violated section 242(b) of the Immigration and Nationality Act of 1952, 8 U.S.C. § 1252(b) (1982), which requires a proceeding before an immigration judge to determine deportability. Because we agree with the Purbas that “before” in section 242(b) means in the physical presence of the IJ, we reverse the BIA and remand for rehearing.

I.

The Purbas, a married couple, are natives of Kenya and citizens of the United Kingdom who were found to be deportable at a telephonic deportation hearing on October 29, 1984. The IJ presided in the immigration courtroom in the federal building in San Diego, California, while the Pur-bas and their attorney were present in the INS office in Honolulu, Hawaii. The IJ conducted the hearing over the telephone, despite the Purbas’ vigorous objections to the absence of a face-to-face meeting. He found the Purbas deportable. The INS appears to have used such telephone hearings for deportation only in Honolulu and Agana, Guam.

On appeal to the BIA, the Purbas raised their objection to the telephonic hearing, among other issues. The BIA found no error in relation to the hearing and dismissed the appeal. It granted the Purbas voluntary departure. The Purbas filed a petition for review in this court within the time specified by statute. 8 U.S.C. § 1105a(a)(l) (1982). We take jurisdiction under 8 U.S.C. § 1105a(a).

[*517] II.

The dispute in this ease centers around the meaning of section 242(b), the Code provision which sets out the procedures for deportation hearings. The section provides in relevant part:

Determination of deportability in any case shall be made only upon a record made in a proceeding before a special inquiry officer, at which the alien shall have reasonable opportunity to be present, unless by reason of the alien’s mental incompetency it is impractical for him to be present, in which case the Attorney General shall prescribe necessary and proper safeguards for the rights and privileges of such alien.

8 U.S.C. § 1252(b). “Special inquiry officer” is synonomous with immigration judge. 8 C.F.R. § 1.1(1) (1988). The INS contends that “before” in the statute’s context does not mean “in the physical presence of” the IJ, and that in this case the credibility of witnesses was not at issue and, thus, a telephonic deportation hearing was suitable. Guided by well-established canons of statutory interpretation, we conclude that section 242(b) requires that the hearing be conducted with the hearing participants in the physical presence of the IJ.

We review de novo an agency’s interpretation of a statute. Ramirez-Ramos v. INS, 814 F.2d 1394, 1396 (9th Cir.1987). Although an agency’s construction of a statute that it is charged with administering is entitled to some deference, we keep in mind that the courts are the final arbiters of statutory interpretation. California v. FERC, 877 F.2d 743, 745 (9th Cir.1989) (citing Federal Election Comm’n v. Democratic Senatorial Campaign Comm., 454 U.S. 27, 31-32, 102 S.Ct. 38, 41-42, 70 L.Ed.2d 23 (1981)). Reviewing courts “ ‘must not rubber stamp ... administrative decisions that they deem inconsistent with a statutory mandate.’ ” Bureau of Alcohol, Tobacco & Firearms v. FLRA, 464 U.S. 89, 97, 104 S.Ct. 439, 444, 78 L.Ed.2d 195 (1983) (quoting NLRB v. Brown, 380 U.S. 278, 291-92, 85 S.Ct. 980, 988-89, 13 L.Ed.2d 839 (1965)); See also Sunshine Health Sys. v. Bowen, 809 F.2d 1390, 1394 (9th Cir.1987) (we must reject an agency’s interpretation that is inconsistent with the statute’s meaning).

When interpreting a statute, our objective is to ascertain and enforce the intent of Congress. Bresgal v. Brock, 843 F.2d 1163, 1166 (9th Cir.1988). We assume that Congress expresses its intentions in the words it uses, Mills Music, Inc. v. Snyder, 469 U.S. 153, 164, 105 S.Ct. 638, 645, 83 L.Ed.2d 556 (1985); Moorhead v. United States, 774 F.2d 936, 941 (9th Cir.1985), and that these words take their ordinary, contemporary, common meaning, unless otherwise defined, Perrin v. United States, 444 U.S. 37, 42, 100 S.Ct. 311, 314, 62 L.Ed.2d 199 (1979); Fagner v. Heckler, 779 F.2d 541, 543 (9th Cir.1985). The relevant dictionary definition of the word “before” is “in the presence of,” “in sight of,” or “face-to-face with” an object or other person. Webster’s Third New International Dictionary Unabridged 197 (1976). This definition could not be clearer. “Before” means being in the physical presence of something or someone. In the context of section 242(b), we conclude that Congress used “before” to require the appearance of the IJ and the persons charged in each other’s physical presence during the course of a deportation proceeding.

We find no evidence of congressional intent to depart from the ordinary meaning of the word “before.” Absent a clear expression of a contrary intention, we must regard section 242(b)’s plain meaning as conclusive. Escondido Mut. Water Co. v. La Jolla Band of Mission Indians, 466 U.S. 765, 772, 104 S.Ct. 2105, 2110, 80 L.Ed.2d 753 (1984). A telephonic hearing does not conform to the plain meaning of section 242(b). In the instant case, the telephonic hearing was apparently conducted as a convenience to the INS because of the distance from the mainland to Hawaii and Guam. However, this cannot justify depriving parties of their statutory procedural rights to a hearing in the physical presence of the IJ, absent their consent.

The INS asks us to depart from the plain meaning of the statute in cases where credibility of witnesses is not in issue. This[*518] would invite a case-by-case determination of whether credibility was an issue in each case where a telephonic hearing was held. We believe this to be unwise, leading to unnecessary appellate issues. We consider a bright line rule to be far preferable. Moreover, the significant point is that a judicial reworking of the statute would invade the province of Congress. Until Congress chooses to change the wording of the statute, telephonic hearings by an IJ, absent consent of the parties, simply are not authorized by statute.

CONCLUSION

We reverse the BIA’s dismissal of the Purbas’ appeal. We remand the case for rehearing in the physical presence of an immigration judge.

REVERSED and REMANDED.