A-A6028702 P-6028703
Decided by Board March 10, 1945 Reversed by the Attorney General March 15, 1945
Inspection on entry — Status of foreign naval personnel — Deportability as Immigrants — Discretionary relief — Voluntary departure.
1. An alien entering the United States on a foreign naval vessel in the status of "foreign naval personnel" is not subject to inspection at time of entry by immigration authorities and in deportation proceedings, the charge against such alien of "entry without inspection" will not lie.
2. If such alien intends to desert at time of entry, he is deemed an immigrant and in deportation proceedings documentary charges applicable to an immigrant will lie.
3. Such an alien who does desert is not precluded from the discretionary relief of voluntary departure.
CHARGES:
Warrant: Act of 1924 — Remained longer, seaman.
Lodged: Act of 1917 — Entered without inspection.
Act of 1924 — Immigrants without immigration visa.
Act of 1918, as amended — No passports.
BEFORE THE BOARD
Discussion: The Presiding Inspector has found the respondents deportable on all the lodged charges and has recommended their deportation. Exceptions have been taken by the aliens and they request that they be permitted to depart voluntarily at their own expense.
The respondents are 19-year-old natives and citizens of Spain who last entered the United States at Mobile, Ala., on January 20, 1945, as naval personnel on the Mexican naval vessel Orizaba. Because of their status they were immune from inspectian by the immigration authorities and, accordingly, we do not believe that the no inspection charges lodged during the hearings are valid.
At the time of their entry the respondents intended to desert the Mexican Navy and to make arrangements to return to Spain. For that reason, we find that they were then immigrants and not being in possession of immigration visas or passports, they are now subject to deportation on the documentary charges lodged during the hearings. Findings of Fact: Upon the basis of all the evidence presented, it is found:
(1) That the respondents are aliens, natives and citizens of Spain;
(2) That the respondents last entered the United States at Mobile, Ala., on January 20, 1945, as naval personnel on the Mexican Naval vessel Orizaba;
(3) That the respondents then intended to desert the Mexican Navy and to attempt to return to Spain;
(4) That the respondents were not then in possession of immigration visas;
(5) That the respondents were not then in possession of passports.Conclusions of Law: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That under sections 13 and 14 of the Immigration Act of May 26, 1924, the respondents are subject to deportation on the ground that at the time of entry they were immigrants, not in possession of valid immigration visas and not exempted from the presentation thereof by said act or regulations made thereunder;
(2) That under section 19 of the act of February 5, 1917 and the Passport Act approved May 22, 1918, as amended, the respondents are subject to deportation on the ground that at the time of entry they did not present unexpired passports or official documents in the nature of passports issued by the government of the country to which they owe allegiance, or other travel document showing their origin and identity, as required by Executive order in effect at time of entry;
(3) That under section 19 of the Immigration Act of February 5, 1917, the respondents are not subject to deportation on the ground that they entered without inspection;
(4) That under sections 14 and 15 of the act of May 26, 1924, the respondents are not subject to deportation in that, after admission as seamen, they have remained in the United States for a longer time than permitted under said act or regulations made thereunder;
(5) That under section 20 of the act of February 5, 1917, as amended, the respondents are deportable to Mexico at Government expense.Other Factors: The respondent, J---- L---- A----, was brought to Mexico in 1937 during the Franco rebellion and the other alien came to Mexico in 1930 during another revolutionary outbreak. They have each maintained their domicile in Mexico since their respective entries into that country. Sometime in 1944 they joined the Mexican Navy and served therein until their desertion in this country. During the hearings given them they were not asked, and gave no reasons why, they deserted or why they wished to return to Spain. It appears that the Spanish Consul is willing, and apparently anxious, to repatriate them at the expense of the Spanish Government. It also appears that the Mexican officials wish to have them returned to Mexico.
These aliens are deserters from the armed forces of an allied government during time of war. They have no compelling reasons why they should not return to Mexico. Under the circumstances presented by these cases, we shall order their deportation to Mexico.
Order: It is ordered that the aliens be deported to Mexico at Government expense on the following charges:
That the aliens are in the United States in violation of the Immigration Act of May 26, 1924, in that, at the time of entry, they were immigrants not in possession of valid immigration visas and not exempted from the presentation thereof by said act or regulations made thereunder;
That the aliens are in the United States in violation of the Immigration Act of February 5, 1917 and the Passport Act approved May 22, 1918, as amended, in that, at the time of entry, they did not present unexpired passports or official documents in the nature of passports issued by the government of the country to which they owe allegiance or other travel documents showing their origin and identity, as required by Executive order in effect at time of entry.
This matter is certified to the Attorney General for review of the Board's decision as the order involves a question of policy.
The decision and order of the Board of Immigration Appeals are reversed and voluntary departure is approved.