1512-1991.
1500-41974
Decided by Board August 1, 1952.
Suspension of deportation, economic detriment — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Exercise of discretion.
(1) The exercise of the discretionary power to grant suspension of deportation pursuant to section 19 (c) of the Immigration Act of 1917, as amended, is not warranted in the case of alien parents, natives, and citizens of Mexico, who entered illegally and have been residing in the United States only since 1949, even though they have two native-born minor citizen children.
CHARGES:
Warrant: Act of 1924 — No immigration visas (both). Act of 1917 — Entered at other than a designated port (both). Act of 1918 — No passport (both).
BEFORE THE BOARD
Discussion: This matter is before us by reason of an appeal from the decision of the hearing officer, which decision is undated, and wherein the aliens have been granted permission to depart from the United States without an order of deportation outstanding and without expense to the Government. It was further ordered that in the event that they failed to so depart within a period of 60 days, that deportation be effected pursuant to law.
The male alien testified that he was born in Mexico on January 22, 1921, and the female stated that she was born in the same country on July 28, 1928. They are both citizens of Mexico. Both parties stated that they last entered the United States on or about October 31, 1949, near Presidio, Tex., having waded the Rio Grande. On that occasion they entered to reside here and neither was in possession of an unexpired immigration visa as required under section 13 of the act of 1924 and both entered the United States at other than a place designated as a place of entry for aliens, contrary to the provisions of the act of 1917. Nor were these people in possession of valid passports as required under the so-called Passport Act of 1918.
That these aliens are subject to deportation is established adequately by the evidence of record (8 U.S.C. secs. 155, 213 and Executive Order 8766).
Suspension of deportation is being sought because of a serious economic detriment which would obtain to two children born to this couple in the United States.
The male alien after coming to the United States leased 25 acres of land on which he is raising cotton and he expects from the harvest of this cotton crop that he should realize some $2,000 over and above his debts. His other assets consist of an automobile, household goods and personal effects of the approximate value of $750. He has no cash assets. His debts amount to some $500. Aside from the two United States born children the only other person in the United States is a half brother and sister of the male appellant.
These persons have been in the United States only since 1949. Counsel in his brief directs our attention to the fact that this male alien is the lessor of 25 acres of land which he has planted and from which he expects to realize some $2,000. He also calls attention to the other assets hereinabove listed and asserts that the foregoing facts remove the male alien from the category of a laborer and farm hand to the class of those who aspire to own their own property.
The alien has established good moral character and for that reason he was given permission to depart from the United States in order that he might obtain an immigration visa from the American consul in Mexico. The same privilege was accorded the wife. Ample time has been given both of them within which to depart from this country and in the event additional time is required an application therefor could be made by motion to the Service.
We have carefully reviewed the evidence of record and it is our conclusion that the maximum relief in this case has already been granted.
Order: It is ordered that the appeal from the decision of the hearing officer be and the same is hereby dismissed.