A-6705999
Decided by Central Office October 29, 1947
Crime involving moral turpitude — Taking mail from an authorized depository for mail matter — Violation of section 317 of title 18, United States Code.
Where a conviction for taking mail from an authorized depository for mail matter, in violation of section 317 of title 18, United States Code, is predicated upon an information which does not shed any light on the circumstances under or the purpose for which the mail was taken, it cannot be found that the crime is one which necessarily involves moral turpitude.
CHARGES:
Warrant: Act of 1924 — No immigration visa.
Act of 1918, as amended — No passport.
Act of 1929, as amended — Previously deported, no permission to reapply.
Act of 1917 — Crime within 5 years after entry — Violation of section 317, title 18, U.S.C.
Lodged: Act of 1917 — Entered by means of false and misleading statements.
Act of 1917 — One or more attacks of insanity prior to entry.
Act of 1917 — Returned to and entered the United States after having been arrested and deported as a prostitute.
BEFORE THE CENTRAL OFFICE
Upon consideration of the entire record, the findings of fact and conclusions of law proposed by the Presiding Inspector and served on the alien October 3, 1947, are hereby adopted, except Conclusion of Law No. 2, which is amended to read as follows:
(2) That under section 19 of the Immigration Act of 1917, respondent is not subject to deportation on the ground that she has been sentenced to imprisonment for 1 year or more because of conviction in this country of a crime involving moral turpitude committed within 5 years after her entry, to wit: Violation of section 317, title 18 U.S.C.A.
Discussion: The respondent is a native and citizen of Mexico, age 33, who testified that she was admitted to the United States "about 3 days before Christmas 1946" at El Paso, Tex., after informing an immigrant inspector that she was an American citizen. She admits that she intended to stay in this country permanently but that she was not in possession of an immigration visa or passport.
The respondent has been deported from the United States on four occasions. She was first deported from this country on October 29, 1935; one charge in the warrant of deportation being that she had been found practicing prostitution subsequent to her entry into the United States. Her last deportation occurred on February 8, 1942. She has never applied for or received permission from the Attorney General to reapply for admission to the United States after deportation.
There was introduced into the record as exhibit 6 a medical certificate issued by the Public Health Service on June 1, 1942 certifying that the respondent was examined on that date and "found to be afflicted with having had one or more attacks of insanity, class A, prior to entry."
On January 24, 1947 the respondent was sentenced to serve 15 months imprisonment, in the District Court of the United States, Western District of Texas, El Paso Division, following her conviction of violating section 317, title 18, United States Code. The information upon which her deportation was predicated reads as follows:
That on or about December 19, 1946 in El Paso County, Tex., within said District and Division, L---- R---- took from an authorized depository for mail matter a letter addressed to Mr. and Mrs. L.A. T----, 3027 Oro Street, El Paso, Tex., before it had been delivered to the persons to whom it was addressed.
SECOND COUNT
That at the time, in the place and within the jurisdiction as described in the first count hereof, L---- R---- took from an authorized depository for mail matter a letter addressed to Mr. R. T----, 3027 Oro Street, El Paso, Tex., before it had been delivered to the person to whom it was directed.
THIRD COUNT
That at the time, in the place and within the jurisdiction all as described in the first count hereof, L---- R---- took from an authorized depository for mail matter a letter addressed to E. W----, 3111 Oro Street, El Paco, Tex., before it had been delivered to the person to whom it was directed.
Section 317 of title 18, United States Code, contains a number of clauses dealing with offenses under the postal laws such as theft, secreting, taking or embezzling mail matter. The particular clause under which she was convicted is distinct from those related to theft, embezzling, etc., and reads as follows:
* * * whoever shall take any letter, postal card, or package out of any post office or station thereof, or out of any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or station thereof, or other authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with a design to obstruct the correspondence, or to pry into the business or secrets of another, * * * shall be fined not more than $2,000 or imprisoned not more than 5 years, or both.
Section 317, supra, was enacted to protect the mails against plundering, pilfering, or other interference or meddling with their contents ( Thompson v. United States, 202 Fed. 401). It is clear that not every offense thereunder is one involving moral turpitude. A conviction might be had even if mail were taken out of sheer curiosity. Indeed, in the instant case, the respondent testified that she took the letters because she "just wanted to read them." Since the information upon which her conviction was predicated does not shed any light on the circumstances under or the purpose for which the mail was taken, it cannot be found that the offense is one necessarily involving moral turpitude.
In passing it will be noted that the information alleges that the crime was committed on December 19, 1946; whereas the respondent testified she last entered this country 3 days before Christmas. However, since the criminal charge would not be sustained even if the crime was, in fact, committed after her last entry the hearing will not be reopened to ascertain when she actually entered this country.
The charges in the warrant of arrest and those lodged at the hearing are sustained with the exception of the criminal charge. The respondent is married but separated from her husband. She has one daughter, born in the United States, who is residing in the convent of the Good Shepard in Texas.
Recommendation: It is recommended that the alien be deported to Mexico at Government expense on the following charges:
The Immigration Act of May 26, 1924, in that, at the time of entry, she was an immigrant not in possession of a valid immigration visa, and not exempted from the presentation thereof by said Act or regulations made thereunder;
The Passport Act approved May 22, 1918, as amended, and the act of February 5, 1917, in that, at the time of entry, she did not present an unexpired passport or official document in the nature of a passport issued by the Government of the country to which she owes allegiance or other travel document showing her origin and identity, as required by Executive order in effect at time of entry;
The act approved March 4, 1929, as amended, and the act of February 5, 1917, in that she entered in violation of section 1 (a) of said act of March 4, 1929, being an alien who had been arrested and deported in pursuance of law and to whom the proper authority had not been granted permission to reapply for admission;
The act of February 5, 1917, in that she entered by means of false and misleading statements, thereby entering without inspection;
The act of February 5, 1917, in that she has had one or more attacks of insanity previous to her entry;
The act of February 5, 1917, in that she returned to and entered the United States after having been arrested and deported as a prostitute.It is further recommended that the execution of the warrant be deferred until the alien is released from imprisonment.
So ordered.