A-7828959
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 Mexico, a family group consisting of an alien husband/father and three alien minor children, even though in addition to the citizen wife/mother there are two citizen minor children in such family.
CHARGES:
Warrant: Act of 1924 — No immigration visa. Act of 1917 — Entered at other than designated port. Act of 1918 — No passport (all aliens).
BEFORE THE BOARD
Discussion: These cases present appeals from an order entered by the Assistant Commissioner on April 24, 1952, denying the respondents' applications for suspension of deportation and directing that an order of deportation not be entered * * *, but that the aliens be required to depart from the United States without expense to the Government, within such period of time and under such conditions as the officer in charge of the district deems appropriate. It was further ordered that order of deportation be reinstated and executed if the aliens failed to depart in accordance with the foregoing.
The respondents are a 35-year-old married male and his three minor children, 10, 8, and 4 years of age, respectively. They are natives and citizens of Mexico and have resided continuously in the United States since last entering at or near Fabens, Tex., on August 9, 1948, without documents and without being examined by an officer of the Service. At the time of the respondents' arrival in the United States, it was their intention to remain permanently. The respondents have never been admitted to the United States for permanent residence. The evidence of record conclusively establishes that they are subject to deportation on the charges contained in their respective warrants of arrest, dated July 26, 1950.
The record discloses that the adult respondent is married to a native-born citizen of the United States and in addition to the above referred to children, he is also the parent of two native-born citizen children. The respondent's wife is 29 years old and has lived in Mexico for over 23 years. The respondents' application requesting that their deportation be suspended on the ground that such deportation would result in a serious economic detriment to their citizen wife and mother has been denied and the reasons therefor are set forth in detail by the hearing officer in his discussion of the evidence dated December 12, 1951. It is well established that the grant of suspension of deportation rests entirely within the discretion of the Attorney General and no deportable alien can claim such relief as a matter of right. We do not believe that the circumstances here presented merit the extraordinary relief of suspension of deportation. In any event, the respondents are eligible for admission to the United States as nonquota immigrants under section 4 (c) of the Immigration Act of 1924, as amended.
We have carefully considered all the evidence of record, and we find nothing therein that would cause us to make any change in the decision of the Assistant Commissioner, who has granted the aliens the privilege of voluntary departure, and has directed that if they fail to depart, that an order of deportation be entered. We concur therein. Accordingly, the appeal will be dismissed.
Order: It is ordered that the appeal be dismissed.