YOU FU WANG

                                                           Interim Decision #2881




                         MATTER OF You Fu WANG

                           In Deportation Proceedings
                                     A-16007602
                        Decided by Board May 16, 1975
On appeal from the immigration judge's denial of voluntary departure, using the short
 form 1-38 order, the record is remanded for the entry of a proper denial order. A
 summary decision on form 1-38 is permitted only if the alien makes no application under
 8 CFR 247.17, or if the alien applies for voluntary departure under section 244(e) of the
 Immigration and Nationality Act, and such relief is granted.
CHARGE:
  Order: Act of 1952—Section 241(a)(2) [8 U.S.C. 1251(a)(2)]—Entered after being refused permission to land temporarily se a crewman, in violation
                      of section 252(a).
ON BEHALF OF RESPONDENT:           David W. Walters, Esquire
                                   100 Biscayne Blvd., North
                                   Suite 1001
                                   Miami, Florida 33182


   This is an appeal from an order of an immigration judge finding the
respondent deportable as charged and directing his deportation to
Taiwan. The record will be remanded to the immigration judge for
further proceedings.
   The record indicates that the respondent, through counsel, applied
for a grant of sufficient voluntary departure to enable him to earn money
to depart at his own expense. This application was denied by the
immigration judge using summary order Form 1-38.
   The immigration judge erred in entering the deportation order on the
short Form 1-38, which states that "Respondent has made no application for relief from deportation." We note that the immigration judge
predicated his request for counsel's consent to a "short form" order, on
the finding "the respondent has made no application for relief from
deportation because he is unable to show that he has funds. . . ." (Tr. P.
8). A summary decision on Form 1-38 or I-39 is permitted only if the '
alien makes no application under section 242.17 or if he applies for
voluntary departure only and the immigration judge grants the application. The action here was in violation of 8 CFR 242.18(b), and a remand
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is required for the entry of a proper order by the immigration judge.
Accordingly, the following order will be entered.
   ORDER: The record is remanded to the immigration judge for
further proceedings consistent with the foregoing opinion.




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