T-2659481
Decided by the Board April 30, 1953
Suspension of deportation, 7 years' residence — Section 19 (c) (2) (b) of the Immigration Act of 1917, as amended — Exercise of discretion — Board of Immigration Appeals — Jurisdiction relative to place of deportation.
(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 an alien who came to the United States in 1944 as a seaman, deserted, did not reship until he had been made the subject of warrant proceedings, and again deserted after his arrival in 1945 as a seaman, there being no outstanding or meritorious features or equities in the case.
(2) Exception by counsel that a finding should be made by the hearing officer relative to whether the respondent would suffer physical persecution if deported will not be considered by the Board since the country to which an alien should be deported is not a matter within the jurisdiction of the Board.
CHARGE:
Warrant: Act of 1924-remained longer-seaman.
BEFORE THE BOARD
Discussion: This is the appeal of a 57-year-old married male alien, native and citizen of China, from a decision of the hearing officer at Boston, Mass., on July 31, 1952, finding deportability on the charge in the warrant of arrest, disallowing suspension of deportation, and granting voluntary departure with the additional order that should the alien fail to depart, he be deported pursuant to law.
Counsel excepts to the denial of suspension of deportation and has requested that this proceeding be reopened to determine the true reason for denial of maximum discretionary relief. Counsel also states that a finding should be made by the hearing officer relative to whether this respondent would suffer physical persecution if deported. It is alleged that the failure of the hearing officer to recommend the maximum discretionary relief constitutes an unfair hearing and lack of due process of law.
Briefly, the facts show that this alien last entered the United States on January 3, 1945, as a seaman and deserted the vessel. He had previously entered the United States in 1944 as a seaman and remained up to November 13, 1944, at which time be departed voluntarily after he had been made the subject of a warrant of arrest issued October 10, 1944. He has no dependents or close family ties in the United States. His family is in China.
We have carefully considered the facts and circumstances in this case in connection with the exceptions and points of argument of counsel. We find that a finding has not been made relative to the country to which this alien should be deported and that matter is not appropriately before this Board. The respondent has been granted the privilege of voluntary departure if he desires to depart at his own expense. Moreover, we do not grant suspension of deportation in 7 year cases unless there are outstanding or meritorious factors or equities in the case which warrant the exercise of the maximum discretion. Here we find none. This alien came to this country in 1944 as a seaman and deserted and did not reship until after he had been made the subject of warrant proceedings. He again arrived in this country in 1945 and deserted notwithstanding the efforts made by this and allied governments to keep seamen on vessels during the critical period of World War II. After careful consideration of the entire record in the case it is our conclusion that this alien has been granted the maximum relief available to him. His application for suspension of deportation will be denied as a matter of administrative discretion. Order: It is ordered that the alien's application for suspension of deportation be denied.
U.S. ex rel. Weddeke v. Watkins, 166 F. (2d) 369; and Kaloudis v. Shaughnessy, 180 F. (2d) 489.
It is further ordered that the appeal from a decision of the hearing officer at Boston on July 31, 1953, be and the same is hereby dismissed.