A-8065701
Decided by Board August 1, 1952
Suspension of deportation, 7 years' residence — 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 a single alien who barely meets residence requirements, has no close relatives in the United States, has no one in the United States dependent upon him for support and as a seaman had deserted an allied vessel in time of war.
CHARGES:
Warrant: Act of 1924 — No immigration visa.
Lodged: Act of 1924 — Remained longer — Seaman.
BEFORE THE BOARD
Discussion: This case comes to us on appeal from an order of the Acting Assistant Commissioner entered on March 19, 1952, denying the respondent's application for suspension of deportation and ordering his deportation on the charge stated in the warrant of arrest. The appeal is directed to the denial of the application for suspension of deportation.
The respondent, a 40-year-old single male, a native and citizen of China, of the Chinese race, last entered the United States as a seaman at the port of New York on June 14, 1944, and deserted his ship. At the time of entry it was his intention to seek work in the United States. He was not in possession of an immigration visa. We find him deportable on the charge stated in the warrant of arrest.
The respondent has no close relatives in the United States. He is employed as an assistant cook and earns $60 a week. His assets consist of about $285 in bank savings. He has presented affidavits from three persons attesting to his good moral character and to their acquaintanceship with him since 1944. Counsel urges that the respondent is eligible for suspension of deportation and that we grant him such relief.
The respondent barely meets the residence requirements for suspension of deportation. He has no close relatives in the United States and there is no one in this country dependent upon him for support. He deserted an allied vessel in time of war when the services of seamen were sorely needed by the allies. We feel that the circumstances in this case do not warrant the exercise of the discretionary relief of suspension of deportation. Accordingly, we will dismiss the appeal.
Order: It is ordered that the appeal be and the same is hereby dismissed.