BALLESTER-GARCIA

Interim Decision #2841 MATTER OF BALLESTER-GARCIA. In Exclusion Proceedings A-24452248 Decided by Board December 17, 1980 (1) Under section 243(h)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. 1253(h)(2)(C), as amended by the Refugee Act of 1980, it is not always necessary to determine whether an applicant for this relief has actually committed a serious, nonpolitical crime: it is enough, by the very terms of the statute, to find that there are "serious reasons for considering" that he has committed such a crime. (2) Where a crime is not obviously heinous, such factors as the alien's…