A-6069752.
Decided by Board October 1, 1946. Decided by Board December 13, 1946. Ruling by Attorney General December 13, 1946.
Suspension of deportation — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Discretion.
The privilege of suspension of deportation under section 19 (c) (2) of the Immigration Act of 1917, as amended, would be granted to a qualified alien who had entered as a Mexican agricultural laborer, where hardship would result to the alien's family if deported or if he were required to depart voluntarily and reenter in accordance with the procedure applicable to aliens generally.
CHARGE:
Warrant: Act of 1943 — Rremained longer — agricultural worker.
BEFORE THE BOARD
(October 1, 1946)
Discussion: The respondent is an alien, a 25-year-old native and citizen of Mexico, who was admitted to the United States at El Paso, Tex., on May 18, 1943, to work as an agricultural laborer for a period of 1 year. He last entered the United States at El Paso, Tex., on June 15, 1943, and was admitted upon the presentation of his alien laborer's identification card. At the time of his last entry he intended to continue working for his employer as an agricultural laborer for the balance of the 1-year period for which he was admitted. He has not obtained an extension of the period for which he was admitted, and he has failed to depart from the United States upon the termination thereof. He is subject to deportation on the charge stated in the warrant of arrest.
The respondent was married to a native and citizen of the United States on June 14, 1943, and he and his wife are the parents of two minor children born at El Paso, Tex., on May 30, 1944, and August 22, 1945, respectively. His wife and children are entirely dependent upon him for support. He is employed at a wage of $30 per week, and has assets consisting of household effects valued at $100. It was therefore concluded that his deportation would result in serious economic detriment to his citizen wife and two minor citizen children.
The fingerprint, identification, and criminal records of the Federal Bureau of Investigation have been checked and reflect no adverse information with respect to the respondent. An independent character investigation conducted by the Immigration and Naturalization Service and the testimony of persons acquainted with him since his entry into the United States satisfactorily establish that he has been a person of good moral character while residing in the United States. He has presented affidavits of persons well acquainted with him prior to his entry into the United States establishing his good moral character for more than 5 years prior to entry.
The Commissioner denied suspension but granted the alien 30 days in which to depart voluntarily. The denial was based on the fact that the alien entered the United States as an agricultural laborer. While such is the general policy, the present case falls within the exception which has been agreed to by the Service. As indicated, the alien's wife and two minor children are American-born citizens and wholly dependent upon him for support. The alien and his family reside near Anthony, New Mexico. It may be pointed out that the Commissioner's order was entered prior to the adoption of the policy in these cases whereby suspension of deportation would be granted where the factors indicated that hardship would result if the alien were deported. Accordingly, application for suspension will be granted.
Order: It is ordered that deportation of the alien be suspended under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended.
It is further ordered, That if Congress takes no action adverse to the order granting suspension of deportation, and when the required fee is paid, proceedings be canceled.
As the case involves suspension of deportation of an alien pursuant to the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, in accordance with the provisions of title 8, section 90.12, Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
Discussion: By order of October 1, 1946, the alien's deportation was ordered suspended in accordance with the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended. We indicated in the discussion that the Commissioner and this Board were agreed on a policy relative to suspension of deportation in cases involving Mexican agricultural workers; namely, that suspension would be granted where factors indicated that hardship would result if the alien were deported. The policy was inadvertently misstated. It was intended to say that suspension would be granted where hardship would result to the alien's family if he were required to depart voluntarily and reenter in accordance with the procedure applicable to aliens generally. The present case, of course, involves a Mexican who entered as an agricultural worker. We indicated that the evidence established that his wife and two minor children were citizens of the United States and wholly dependent upon him for support.
We also indicated that the family resided near Anthony, N. Mex. We wish to add that the place where the alien and his family reside is approximately 35 miles from the nearest point on the border, but the alien would be required to take a more circuitous route in order to reach the nearest American consulate and make application for an immigration visa, in the event he were required to depart for the purpose of adjusting his immigration status, since Anthony, N. Mex., is northeast of Juarez, where the nearest American Consulate is located This, of course, is only one factor to be considered in determining the application of the policy to this case. Of prime importance is the desire to keep the family intact. While it may appear that the distance which the alien would have to travel is not too great, comparatively speaking, there may be delays involved in the securement of a visa which, because of the small income of the family derived exclusively from the alien's earnings, would be matter of grave consequences. The two citizen children, of tender years, and the mother, also a citizen, are required to depend wholly on the salary of the husbandfather, which amounts to but $30 weekly, approximately. To require the respondent, in these circumstances, to depart and then put into motion steps looking toward the obtaining of a visa, would, of necessity, require loss of working time on his part and to that extent reduce his already limited earning power. We feel suspension of deportation is the fairest solution here, both from an economic and hardship standpoint to the family.
Order: We therefore reaffirm the order of October 1, 1946.
As the order of the Board is contrary to the recommendation of the Commissioner, in accordance with section 90.3, title 8, Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
The findings of fact, conclusions of law and order of the Board of Immigration Appeals suspending the deportation of the respondent under the provisions of section 19 (c) of the Immigration Act of 1917, as amended, are hereby approved and adopted.