56152/470
Decided by the Board February 5, 1944.
Immigrant Status — Alien coming to commit a crime — Section 3 of Immigration Act of 1924.
A nonresident alien whose avowed purpose in coming to the United States was to commit a crime is not a nonimmigrant within the meaning of section 3 (2) of the Immigration Act of 1924 even though he intends to remain only for 1 day; he must be considered an immigrant under section 3 of the above act.
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa;
Lodged: Act of February 18, 1931, as amended — Convicted of a violation of law relating to traffic in narcotics, to wit: Section 174, title 21, U.S.C. (Unlawful importation of opium.)
BEFORE THE BOARD
Discussion: The Presiding Inspector proposes that the respondent be found subject to deportation on the charges above specified. The District Director and the Central Office concur.
The respondent is a native and citizen of Mexico, 32 years of age, single. He testified that he last entered the United States on June 22, 1943 at El Paso, Tex. and that he was admitted upon presentation of his non-resident alien's border crossing identification card. According to the respondent he intended to unlawfully transport a quantity of opium to El Paso and to return the same day and that he received $50 for the job. He did not have an immigration visa. With respect to the warrant charge the Central Office makes the following comment:
Although this alien at time of entry was in possession of a nonresident alien's border crossing card and intended to remain in the United States only for 1 day, inasmuch as he was entering the United States for an unlawful purpose, he was not a bona fide nonimmigrant; hence, the charge that at time of entry, he was an immigrant not in possession of an unexpired immigration visa, was applicable.
Section 3 of the Immigration Act of 1924 provides: "When used in this act the term immigrant means any alien departing from any place outside the United States destined for the United States, except * * * (2) an alien visiting the United States temporarily as a tourist or temporarily for business or pleasure." The Service interprets the exception as not applicable to cases where the alien's purpose in coming to the United States is connected with criminal activity, although, it may be he intends to remain only temporarily. The term "immigrant" includes every alien coming to this country either to reside permanently or for temporary purposes, unless he can bring himself within one of the exceptions. Karnuth v. U.S. (1929), 279 U.S. 231, 242-243. We do not believe that it was intended to include in the exceptions an alien coming to the United States for the avowed purpose of committing a crime. Such an alien is not to be considered as possessing a nonimmigrant status within the meaning of section 3 (2).
On October 6, 1943 the respondent was convicted in the United States District Court for the Western District of Texas of having imported opium into the United States on June 22, 1943 and having concealed the same after importation in violation of title 21, U.S.C. 174. Consequently, the respondent is deportable under the provision of the act of February 18, 1931, as amended ( In re L---- T---- (56017/57)).
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 Mexico;
(2) That the respondent last entered the United States on June 22, 1943, at El Paso, Tex.;
(3) That the respondent entered the United States for the unlawful purpose of transporting opium from Mexico;
(4) That the respondent intended to return to Mexico on the same day;
(5) That the respondent did not have an immigration visa;
(6) That the respondent was convicted on October 6, 1943, in the United States District Court for the Western District of Texas of having imported opium into the United States on June 22, 1943, and of having concealed the same after importation in violation of title 21, U.S.C. 174.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 at the time of entry he was an immigrant not in possession of a valid immigration visa and not exempted from the presentation thereof by the said act or regulations made thereunder;
(2) That under section 19 of the Immigration Act of 1917, and the act of February 18, 1931, as amended, the respondent is subject to deportation on the ground that on or after June 28, 1940 he has been convicted of the violation of a law relating to traffic in narcotics, to wit: Title 21, U.S.C., section 174 (unlawful importation and concealment of opium);
(3) That under section 20 of the Immigration Act of 1917 the respondent is deportable to Mexico at Government expense.Other Factors: The respondent is single. His father is deceased, and his mother lives in Mexico. He has no relatives in the United States. His sentence expires on October 6, 1945.
Order: It is ordered that the alien be deported to Mexico on the charge contained in the warrant of arrest and on the further charge:
That he is in the United States in violation of the Immigration Act of 1917 and the Act of February 18, 1931, as amended, in that on or after June 28, 1940, he has been convicted of the violation of a law relating to traffic in narcotics, to wit: Title 21, U.S.C., section 174 (unlawful importation and concealment of opium).It is further ordered, That execution of warrant be deferred until the alien is released from imprisonment.