A-7491363
Decided by Board August 7, 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 a father and daughter, natives and citizens of Mexico who have only been in the United States since 1949, the remainder of the family group consisting of two children born in the United States after entry of family in 1949 and the citizen wife/mother who except for a short period of time had maintained residence in Mexico.
BEFORE THE BOARD
Discussion: This is an appeal from an order entered by the Assistant Commissioner on January 22, 1952, denying the respondent's application for suspension of deportation.
A resume of the facts, as shown in detail below, shows that the respondents are a father and minor daughter, natives and citizens of Mexico who illegally entered the United States on July 8, 1949, without visa or passport and at a place other than a designated port of entry. The adult male respondent married a native-born citizen of the United States in Mexico in September 1946. His wife had resided in Mexico from shortly after her birth until July 8, 1949, with the exception of a 6-month period in 1944 when she was employed in the United States. Shortly after her return to the United States in 1949 she gave birth to a daughter and later to a third child. The adult respondent's wife and the two younger children are native-born citizens of the United States, while he and his older daughter, as shown above, are natives and citizens of Mexico. The adult respondent has never applied for lawful admission to the United States for permanent residence.
The adult respondent does not contest the charges contained in the warrant of arrest but requests suspension of deportation under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, contending that his deportation would result in serious economic detriment to his wife and two young children who are citizens of the United States.
We concur in the findings below that the adult male alien has established that he has met the minimum requirements for suspension of deportation in showing that his deportation would result in serious economic detriment to his citizen wife and children. Further there is no showing that indicates that he has been other than a person of good moral character for the past 5 years. In granting suspension of deportation under section 19 (c) (2) (a) the Attorney General has the power to suspend deportation when the minimum requirements have been complied with by the applicant. This authorization, however, is discretionary and not mandatory. Therefore, all the factors involved in each individual case must be considered and not the mere fact that the minimum requirements have been met. In the instant case, the respondents entered illegally in that they had no visas, no passports and that they entered at other than a designated port. The adult respondent's wife is a citizen of the United States, although she has resided since shortly after her birth, except for a short period of time, in Mexico. It must be concluded that no undue hardship would result if she returned to that country with her husband.
The adult alien admits that the family entered the United States at the specific time in order that his child could be born in this country (the child was born about 3 weeks after the family's entry). This admission would clearly indicate that at the time of his entry, it was his intention that by having his child born in the United States, he perhaps would secure the right of permanent residence by the exercise of this discretionary relief, thus circumventing the normal procedure for acquiring the right of permanent residence.
The parents have resided in Mexico most of their lives, having been in the United States a relatively short period of time. The mother is apparently of Mexican extraction and is accustomed to the ways of life in Mexico. The children are infants. The family therefore, have not established deep roots in this country. The record contains a statement by the mother showing that she and the children would return to Mexico with the alien members of the family if these members are not allowed to remain in the United States. The respondents are citizens of Mexico and as such are not subject to quota limitations. When consideration is given to these and other circumstances involved, it is concluded that the case does not present a strong enough appeal to warrant the exercise of the discretionary relief requested.
Order: It is ordered that the appeal be and the same is hereby dismissed.