E-13097
Decided by the Board January 22, 1954
Suspension of deportation — Section 244 (a) (1) of the Immigration and Nationality Act — Exercise of discretion.
The exercise of the discretionary power to grant suspension of deportation pursuant to section 244 (a) (1) of the Immigration and Nationality Act is not warranted in the case of an alien seaman who has no close relatives in the United States and who deserted his vessel in 1944 notwithstanding the efforts made by this and Allied Governments to keep seamen on ships during the critical period of World War II.
CHARGE:
Warrant: Act of 1924 — No immigration visa.
BEFORE THE BOARD
Discussion: The special inquiry officer entered an order on August 24, 1953, granting the respondent suspension of deportation in accordance with the provisions of section 244 (a) (1) of the Immigration and Nationality Act. This case is before us now on certification of the Assistant Commissioner, Inspection and Examinations Division, for final decision pursuant to 8 C.F.R. 6.1 (c).
Respondent is a 48-year-old widower, a native and citizen of China of the Chinese race. He last entered the United States at the port of New York on March 4, 1944, when he was admitted as a seaman and deserted his vessel. He testified that at the time of entry he intended to remain in the United States permanently. It is concluded from the evidence of record that he is subject to deportation on the charge contained in the warrant of arrest.
Respondent testified that he left China in 1941. He attended school and resided in Hong Kong where his son, now about 18 years of age, still resides. Respondent's wife died during the Japanese occupation of Hong Kong in 1943. Respondent is generally employed as a waiter.
For about 2 years, until the early part of 1949 when she left him, respondent lived with a woman as man and wife in Washington, D.C. He testified that they were considered in the community in which they lived as man and wife and that he supported this woman during the period they lived together. Respondent testified that he introduced this woman to his friends as his wife. He said that if she had not left him of her own accord he would still be living with her. He said that this woman was divorced at the time she was living with him.
Respondent has no close relatives in the United States. He came to this country in 1944 and deserted his vessel notwithstanding the efforts made by this and Allied Governments to keep seamen on ships during the critical period of World War II. Under similar facts and circumstances we have held in the past that suspension of deportation was not warranted under the provisions of section 19 (c) (2) (b) of the Immigration Act of 1917, as amended.
Matter of C---- F----, A-8065701, 4 IN Dec. 705; and Matter of M---- L----, T-2659481, April 30, 1953, Int. Dec. No. 440.
After careful consideration of the entire record in this case, it is our conclusion that suspension of deportation is not warranted as a matter of administrative discretion either under section 19 (c) (2) (b) of the Immigration Act of 1917, as amended, or under section 244 (a) (1) of the Immigration and Nationality Act. We feel that the maximum relief justified in this case is voluntary departure. We will authorize the grant of such discretionary relief with the provision that upon failure to depart as required, the alien be deported.
Order: It is ordered that the application for suspension of deportation be and the same is hereby denied.
It is further ordered that the alien be permitted to depart from the United States voluntarily without expense to the Government, to any country of his choice, within such period of time, in any event not less than 60 days, and under such conditions as the officer-in-charge of the district deems appropriate, conditioned upon consent of surety, if any.
It is further ordered that if the alien fails to depart when and as required, the privilege of voluntary departure shall be withdrawn without further notice or proceedings and the alien shall be deported from the United States in the manner provided by law on the charge contained in the warrant of arrest.