A-3263280.
Decided by Board September 9, 1946. Approved by Attorney General September 9, 1946.
Suspension of deportation — Good moral character — Section 19 (c) of the act of February 5, 1917, as amended.
A deportable alien requires no higher degree of proof of good moral character, in connection with relief from deportation, whether such relief be of suspension of deportation or voluntary departure in lieu of deportation, under section 19 (c) of the act of February 5, 1917, as amended, where he is otherwise eligible for such relief.
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa.
Act of 1929 — Arrested and deported-no permission to reapply.
Lodged: Act of 1917 — Convicted of crime prior to entry, to wit: Theft.
BEFORE THE BOARD
Discussion: Upon consideration of the entire record, the findings of fact and conclusions of law with respect to deportability proposed by the Commissioner on November 7, 1945, here hereby adopted.
The Commissioner has denied suspension on the ground that the alien has failed to present proof of good moral character during the entire statutory period of 5 years. He recommends, however, voluntary departure and preexamination. Section 19 (c) of the Immigration Act of 1917 authorizes the Attorney General to grant voluntary departure or suspension of deportation, but in either case the alien must prove good moral character for the period of 5 years. Since the Commissioner recommends voluntary departure with preexamination in this case, he is presumably of the opinion that the alien has shown good moral character for the past 5 years. Apparently, however, he is of the opinion that suspension requires a higher degree of proof of good moral character for the past 5 years. There is nothing in the statute, in our opinion, which permits such a distinction to be drawn.
Furthermore, we are of the opinion that the alien here has satisfactorily shown good moral character for the past 5 years. The record contains two character affidavits by American citizens who state that they have known respondent since 1942. At the latest hearing two citizen witnesses testified that in their opinion the alien was a person of good moral character. One of these witnesses testified that she had known respondent since 1939 and that she had seen him continuously since then. She also testified that she "had seen him several times since 1939". The other witness testified that he has known respondent since 1939 but that he had not seen him between 1942 and 1946. An independent character investigation was made and two of the people interviewed had known respondent since 1942. In view of the Federal Bureau of Investigation record and the Los Angeles police certificate, we think that this evidence is sufficient to show that respondent has been a person of good moral character for the past 5 years.
Respondent was a seaman for several years prior to his last entry in December 1943. He shipped out as a seaman in February 1940 and returned in October 1940. A few months later he again departed as seaman and after his ship was torpedoed he was returned to this country in November 1944. He again departed in December 1942 and returned in March 1943. He shipped out in July 1943 and made his last entry in December of that year. Under these circumstances we can readily see that it would be more difficult for respondent to present character evidence for the past 5 years than for a person who had lived in the United States uninterruptedly during that period.
We think that the evidence shows good moral character for the past five years and since respondent is in other respects eligible for suspension, and since his citizen wife is wholly dependent upon him for support, we shall authorize suspension of deportation.
Order: It is ordered that deportation of the alien be suspended under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended.
It is further ordered, That if Congress takes no action adverse to the order granting suspension of deportation, and when the required fee is paid, proceedings be canceled.
As the case involves suspension of deportation of an alien pursuant to the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, in accordance with the provisions of title 8, section 90.12, Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
The findings of fact, conclusions of law and order of the Board of Immigration Appeals suspending the deportation of the respondent under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, are hereby approved and adopted.