A-6746756
Decided by Board June 15, 1951
Suspension of deportation — Section 19 (c) (2) of the Immigration Act of February 5, 1917, as amended — Effect of availability of other relief from deportation.
The fact that there is another avenue of relief from deportation open to the alien does not constitute sufficient reason for denying suspension of deportation (sec. 19 (c) (2) of the above act, as amended), if that relief is merited.
CHARGES:
Warrant: Act of 1924 — No immigration visa. Act of 1917 — Entered without inspection.
BEFORE THE BOARD
Discussion: This case is before us on appeal from a decision of the Assistant Commissioner dated March 20, 1951, directing that the respondent be granted only voluntary departure.
Discussion as to Deportability: Respondent, an 18-year-old native and citizen of Mexico, last entered the United States by boat near Hidalgo, Tex., on February 24, 1945. He stated that he came here to live with his brothers. A warrant of arrest in deportation proceedings was issued on October 3, 1947, charging respondent with entering without a visa (secs. 13 and 14, act of 1924) and entering without inspection (sec. 19, act of 1917). Respondent is clearly deportable on these charges.
Discussion as to Eligibility for Suspension of Deportation:
Respondent married a native-born United States citizen on March 31, 1950; they have one citizen child, born July 28, 1950. Respondent's mother, also, is in this country and reportedly under deportation proceedings.
Respondent testified that his wife and child are entirely dependent upon him for support and would suffer serious economic detriment if he were deported. Respondent earns about $57 per week and said that he is in debt for the sum of $900.
Both Federal Bureau of Investigation and Toledo, Ohio, police files, as well as those of Mexican authorities, show that respondent has had no criminal record since his arrival here 6 years ago. The independent character investigation conducted by the Immigration Service reveals nothing derogatory. In addition, respondent has submitted affidavits of two United States citizens who attest to his good moral character. Hence, it appears that respondent has satisfactorily established that he has been a person of good moral character during the past 5 years.
Therefore, since respondent has been a person of good moral character and because his deportation would cause serious economic detriment to his citizen wife and child, we feel that suspension of deportation should be granted.
As we have stated before, "the fact that there is another avenue of relief open to respondent in the form of voluntary departure and reentry after obtaining a visa, which relief is not by any means identical with suspension, does not constitute sufficient reason for denying the relief now sought, if that relief is merited." Matter of G----, A-728284 (March 13, 1951); Matter of P---- G----, A-691495 (April 27, 1951).
Suspension of Deportation — Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That the alien is not ineligible for naturalization in the United States.
(2) That the alien has been of good moral character for the preceding 5 years.
(3) That deportation of the alien would result in serious economic detriment to his wife and infant child, native-born citizens of the United States.
(4) That after full inquiry no facts have been developed which would indicate that the alien is deportable under any of the provisions of law specified in section 19 (d) of the Immigration Act of 1917, as amended.Suspension of Deportation — Conclusion of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That the alien is eligible for suspension of deportation under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended.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 the order entered by the Assistant Commissioner on March 20, 1951, be and the same is hereby withdrawn.
It is further ordered that if during the session of the Congress at which this case is reported, or prior to the close of the session of the Congress next following the session at which this case is reported, the Congress passes a concurrent resolution, stating in substance that it favors the suspension of such deportation, the proceedings be canceled upon the payment of the required fee and that the alien, a nonquota immigrant, be not charged to any quota.