0300-430947
Decided by the Board May 6, 1953
Voluntary departure — Section 244 (e) of the Immigration and Nationality Act — Failure to furnish notification of address — Deportability under section 241 (a) (5) of the Immigration and Nationality Act.
An alien who ascribes as his reason for not furnishing notification of address, as required by section 35 of the Alien Registration Act of 1940, as amended by the Internal Security Act of 1950, and section 265 of the Immigration and Nationality Act, his fear of being picked up or taken by immigration officers has not established that such failure to furnish notification of address was reasonably excusable or was not willful. He, therefore, is not eligible for voluntary departure under section 244 (e) of the Immigration and Nationality Act and is deportable under section 241 (a) (5) of that act.
CHARGES:
Warrant: Immigration and Nationality Act — Section 241 (a) (1), excludable at time of entry-no immigration visa.
Immigration and Nationality Act — section 241 (a) (1) — stowaway.
Immigration and Nationality Act — section 241 (a) (2) — entered without inspection.
Lodged: Immigration and Nationality Act — section 241 (a) (5) — failed to furnish notification of address.
BEFORE THE BOARD
Discussion: The case comes forward on appeal from the order of the hearing officer denying voluntary departure and ordering the respondent deported on the warrant and lodged charges.
The record relates to a native and citizen of Italy, 43 years old, male, who last entered the United States at the port of Norfolk, Va., in February 1948 as a stowaway. This entry cannot be verified. At the time of his entry he intended to remain indefinitely in the United States and seek employment although not in possession of a valid immigration visa.
The charges stated in the warrant of arrest are sustained.
Counsel has taken issue to the question of deportability upon the lodged charge inasmuch as the sustaining of that charge will bar the respondent from the discretionary relief of voluntary departure as set forth in section 244 (e) of the Immigration and Nationality Act. The respondent first testified that he filed notification of his address with the Commissioner of the Immigration and Naturalization Service during the first 10 days of January 1951 but that he did not do so during the first 10 days of January 1952 as required by section 35 of the Alien Registration Act of 1940 as amended by the Internal Security Act of 1950 or during the first 10 days of January 1953 as required by section 265 of the Immigration and Nationality Act of 1952. He ascribed as the reason for not so registering his fear that he might be picked up or taken by immigration officers. At a continued hearing he changed his story and stated that he did not register in 1952 and 1953 because he thought that since he registered in 1951 he was under the impression that the 1951 registration was sufficient because he had remained at the same address. The hearing officer apparently attached greater credibility to the first reason assigned by the respondent for his failure to register and we are inclined to concur with the hearing officer and to agree that the respondent has not established that such failure to register was reasonably excusable or was not willful. We accordingly find the lodged charge to be likewise sustained. In view thereof respondent cannot be considered to be eligible for the discretionary privilage of voluntary departure.
Order: It is ordered that the appeal be and the same is hereby dismissed.