56091/233
Decided by the Board January 1, 1943.
Entry for immoral purpose.
An alien, a married woman separated from her husband, did not enter the United States for an immoral purpose when she had lived here with a man for several years, had returned to Canada for a visit, and upon her reentry resumed the extramarital relationship.
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa.
Lodged: Act of 1917 — Entered for an immoral purpose.
Mr. Charles H. Culver, of Detroit, Mich., for the respondent.
Mr. Leon Ulman, Board attorney-examiner.
The respondent testified that she is an alien, a native and citizen of Canada, 36 years of age, married; that her husband is a citizen of Canada, with whom she has not lived for the past 8 years because of his failure to support her; that there is no issue of the marriage; and that she was not divorced. She further testified that in October 1936 she had left Canada and entered the United States at Detroit, Mich.; that she was not legally admitted for permanent residence but had entered as a visitor; that she returned to Canada in March 1938 to visit her ailing mother, with whom she stayed for about 2 weeks; that she then returned to the United States, entering at Detroit, Mich., at which time she was not in possession of an immigration visa. She also testified that for sometime prior to her last entry in 1938 to date of her arrest in these proceedings in October 1941, she had been keeping house for an unmarried man with whom she had been living as man and wife. The additional charge was lodged against her that she had entered the United States for an immoral purpose, in violation of the act of 1917.
Although the evidence amply sustains the warrant charge, we do not believe the lodged charge is sustained. The alien testified that she returned to the United States in 1938 to resume her residence, and that she would still have been living with her husband but for his failure to support her. It cannot be said that the entry of the respondent was primarily for an immoral purpose ( Hansen v. Haff, 291 U.S. 559).
In an opinion of the Solicitor of Labor (March 7, 1939, re W---- E---- A---- (55997/653)), concerning a case in which the alien had been separated from his wife for a number of years, but had never been divorced, and had been living with a divorcee for some years, it was said:
In the case of Hansen v. Haff, the Supreme Court held that unless an alien was entering the United States for the purpose of prostitution or some other like purpose (presumably commercialized vice) the mere fact that he contemplated an extra-legal sexual relationship after his entry, was not a ground for exclusion or deportation.
We find no evidence of commercialism herein.
FINDINGS OF FACT: Upon the basis of all the evidence presented, it is found:
(1) That the respondent is an alien, a native and citizen of Canada;
(2) That the respondent last entered the United States at Detroit, Mich., in March 1938;
(3) That the respondent was not in possession of an unexpired immigration visa;
(4) That the respondent entered the United States for permanent residence;
(5) That the respondent has resided in the United States continuously since October 1936, with the exception of a 2-weeks' visit to Canada in March 1938;
(6) That the respondent has been cohabiting with an unmarried man since 1938 and prior to her departure from the United States in March 1938;
(7) That the respondent upon returning to the United States in March 1938, resumed her former residence and continued her former cohabitation.
CONCLUSIONS OF LAW: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under sections 13 and 14 of the Immigration Act of 1924, the respondent is subject to deportation on the ground that she entered the United States without being in possession of an immigration visa;
(2) That under section 19 of the Immigration Act of February 5, 1917, the respondent is not subject to deportation on the ground that she entered the United States for an immoral purpose;
(3) That under section 20 of the Immigration Act of February 5, 1917, the respondent is deportable to Canada at Government expense.
OTHER FACTORS: The respondent has applied for voluntary departure in lieu of deportation. The presiding inspector recommends denial of said application for the reason that respondent does not appear to be a person of good moral character. With this we agree. The respondent, a married woman, had been cohabiting with an unmarried man from 1938 until October 29, 1941, at which time she was taken into custody in these proceedings. The respondent further pleaded guilty to the charge of having failed to register under the Alien Registration Act and received a suspended sentence of 6 months.
ORDER: It is ordered that the respondent be deported to Canada at Government expense on the charge:
That she is in the United States in violation of the Immigration Act of 1924 in that at the time of her entry she was not in possession of an unexpired immigration visa.