56065/74
Decided by the Board November 30, 1943.
Entry without inspection.
When an alien enters the United States within the limits of a city designated as a port of entry, but at a point where immigration officers are not located, the applicable charge is entry without inspection, not entry at other than a designated port.
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa. Act of 1917 — Entered at other than a designated port. Entered without proper documents.
Mr. Leon Ulman, Board attorney-examiner.
Upon consideration of the entire record, the findings of fact and conclusions of law proposed by the presiding inspector and served on the alien on October 5, 1943, are hereby adopted, with the following modifications:
Finding of fact No. 4 is amended to read:
(4) That the respondent last entered the United States on June 8, 1943, near Brownsville, Tex., by wading the Rio Grande.
Conclusion of law No. 2 is amended to read:
(2) That under section 19 of the Immigration Act of 1917 the respondent is not subject to deportation on the ground that he entered by land at a place other than a designated port of entry for aliens.
The Central Office is of the opinion that the charge of entry by land at a place other than a designated port of entry for aliens is not sustained by the evidence that the alien entered near Brownsville, Tex., by wading the Rio Grande. In this connection it states that when the entry of an alien occurs within the limits of a city that has been designated as a port of entry at a point where immigration officers are not located, for instance via a railroad bridge in a city that may be a few hundred yards from the highway bridge, the applicable charge would be "entry without inspection." In this we concur.
ORDER: It is ordered that the alien be deported to Mexico at Government expense on the following charges:
That he is in the United States in violation of the Immigration Act of 1924 in 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 regulation made thereunder.
That he is in the United States in violation of the Immigration Act of 1917 and the Passport Act approved May 22, 1918, as amended, in that at the time of entry he did not present an unexpired passport or other official document in the nature of a passport issued by the government of a country to which he owes allegiance or other travel document showing his origin and identity as required by Executive order in effect at the time of entry.
It is further ordered, That execution of warrant be deferred pending conclusion of prosecution, and, in the event of conviction and sentence, until the alien is released from imprisonment.