Opinion
No. 13771.
Argued May 21, 1957.
Decided June 13, 1957.
Mr. Joseph J. Lyman for appellant.
Mr. Forbes W. Blair, Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., Lewis Carroll, Asst. U.S. Atty., and Joseph M.F. Ryan, Jr., Asst. U.S. Atty., at the time brief was filed, were on the brief for appellee.
Before PRETTYMAN, BAZELON and WASHINGTON, Circuit Judges.
Appellant concedes that he is deportable but argues that the Board of Immigration Appeals (and later the District Court) erroneously held him not eligible for suspension of deportation under § 19(c)(2)(b) of the Immigration Act of 1917, as amended July 1, 1948. To qualify under that statute appellant must have been "residing in the United States" on its effective date which was July 1, 1948. But appellant had left the country on January 18, 1947, in the exercise of a privilege of voluntary departure after an earlier order of deportation. An alien thus situated is not a resident of the United States. See Kristensen v. McGrath, 1949, 86 U.S.App.D.C. 48, 53-54, 179 F.2d 796, 801-802, affirmed, 1950, 340 U.S. 162, 71 S.Ct. 224, 95 L.Ed. 173. The judgment of the District Court is accordingly
62 Stat. 1206, 8 U.S.C. § 155(c) (Supp. V, 1946) [Now Immigration and Nationality Act 1952, 8 U.S.C.A. §§ 1254(a) (1, 2), 1351].
Affirmed.