A-7890480
Decided by Board August 1, 1952
Suspension of Deportation, economic detriment — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Exercise of discretion.
(1) The exercise of the discretionary power to grant suspension of deportation pursuant to section 19 (c) of the Immigration Act of 1917, as amended, is not warranted in the case of natives and citizens of Canada, a family group consisting of alien wife/mother and four alien minor children, who have relatively short period of residence in the United States, are residing near Canadian border and are eligible for nonquota status under section 4 (a) or 4 (c) of the Immigration Act of 1924, even though a citizen husband/father and a citizen minor child are part of such family.
CHARGES:
Warrant: Act of 1924 — No immigration visa (all aliens). Act of 1918 — No passport (minor aliens).
BEFORE THE BOARD
Discussion: The cases come forward on appeal from the decision dated February 11, 1952, of the Acting Assistant Commissioner, denying suspension of deportation and granting voluntary departure in lieu of deportation as the maximum relief warranted by the circumstances of the cases.
The only issue before us is whether any greater discretionary relief than that of voluntary departure in lieu of deportation is justified. The respondents constitute a family group consisting of the mother, 33 years old, and her 4 minor children, age 11, 10, 8, and 7 years, respectively, all natives and citizens of Canada. The mother has resided in the United States since June 1947, and last entered after a brief absence in Canada about July 31, 1949, when she was accompanied by the minor respondent, T----. The other three minor respondents have resided in the United States since December 31, 1948. The citizen family ties in this case are represented by the husband-father, a native-born citizen of the United States, born in Kentucky in 1901, and a resident of Canada from 1906 or 1907 until 1945. However, he appears to have committed no act which would have resulted in loss of his United States citizenship. In addition, there is another minor child, a native-born citizen of the United States. The wife and children are wholly dependent upon the husband-father who earns approximately $85 a week. There are no assets except for the equity in the home of which they live. The respondents have no criminal records, and an independent character investigation may be regarded as favorable.
The record therefore presents a situation of relatively short residence in the United States and a family situation consisting of a husband-father and a citizen minor child as compared to an alien wife-mother and four alien minor children. The aliens are eligible for nonquota status either under section 4 (a) or 4 (c) of the Immigration Act of 1924. In addition, they are residing near the Canadian border. In view of the foregoing circumstances, the discretionary relief of suspension of deportation does not appear to be warranted, and the privilege of voluntary departure in lieu of deportation is the maximum relief justified. Accordingly, since they have already been granted this form of discretionary relief, we shall dismiss the appeal.
Order: It is ordered that the appeal be and the same is hereby dismissed.