A-6042982.
Decided by the Board July 11, 1946. Approved by the Attorney General July 15, 1946.
Suspension of deportation — Section 19 (c) Immigration Act of 1917, as amended — Alien agricultural laborer — Discretion.
The fact that an alien (Mexican) entered this country under the act of April 29, 1943, for employment as an agricultural laborer and failed to depart in accordance with the terms of his admission does not bar him from the discretionary relief of suspension of deportation if he is otherwise eligible thereto under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended.
CHARGE:
Warrant: Act of 1943 — Remained longer after admission as an agricultural laborer.
BEFORE THE BOARD
Discussion: Upon consideration of all the evidence of record, the findings of fact and conclusions of law relating to the deportability of this alien proposed by the Presiding Inspector and approved by the Acting Commissioner March 15, 1946, are hereby adopted.
The Presiding Inspector and the District Director have both recommended that this 50-year-old native and citizen of Mexico be permitted to adjust his immigration status by way of suspension of deportation. The Acting Commissioner, however, while agreeing with the Presiding Inspector and the District Director that the alien is eligible for this form of relief, believes that since the alien last entered the United States as an agricultural laborer, he should be required to depart voluntarily to Mexico and adjust his status by there applying for and obtaining an immigration visa and reentering the United States as a lawful permanent resident.
The Board agrees with the Acting Commissioner that, as a general rule, a Mexican agricultural laborer should be required to return to his native country at the termination of his contract. However, exceptions to this rigid policy have been made in many cases where the alien is eligible for suspension of deportation and where serious hardship would result to his American family were he required to leave the United States even for a temporary period of time. In this case the alien is eligible for suspension of deportation. He has an American wife and five American minor children who are dependent upon his $18 weekly earnings for support. If the alien were required to depart to Mexico and wait there for his visa application to be processed, his absence during this period of time would cause his American family to suffer a real hardship. To impose this hardship upon the alien's family when the law does not so require would, we think, be inconsistent with congressional policy as set forth in section 19 (c) of the act of February 5, 1917, as amended. We think that because of the unusual circumstances in this case, suspension of deportation is the proper solution.
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) of the Immigration Act of 1917, as amended, are hereby approved and adopted.