56111/462
Decided by the Board June 11, 1942. Reversed by the Attorney General June 11, 1942.
Seamen — Section 19 (c), Immigration Act of 1917, as amended — Discretionary relief.
Alien seamen who enter the United States subsequent to September 1, 1939, and who have no family ties consisting of citizens or lawfully resident aliens are generally not entitled to discretionary relief under section 19 (c) of the Immigration Act of 1917, as amended.
CHARGES:
Warrant: Act of 1924 — Remained longer than permitted.
Lodged: Act of 1924 — Immigrant without an immigration visa.
Mr. Rene A. Wormser, for the respondent.
BEFORE THE BOARD
STATEMENT OF THE CASE: The findings of fact and conclusions of law proposed by the presiding inspector and served on the alien on April 27, 1942, are hereby adopted.
The presiding inspector and district director recommend deportation.
DISCUSSION: The alien entered the United States as a seaman on March 16, 1941, and has no near relatives in this country. He is a machinist. Before apprehension in this proceeding, he had been employed by the Petsamo Welding Machine Repair Company, and has been offered employment by the General Bronze Corporation of Long Island City, a concern engaged in defense work, if released from his present detention.
In accordance with the decisions of this Board, approved by the Attorney General in the cases of I---- M---- (56093/940), A---- M---- (56083/429), and K---- K---- (56111/479), which enunciated the policy that alien seamen, even if entry into the United States occurred after the present war started, that is, on or after September 1, 1939, were to be released from custody under bond or otherwise, if facts so warranted it, were to be granted voluntary departure in lieu of deportation, and, if employed in a war industry, were to be accorded the privilege of preexamination, we find that the respondent in this case should be released from detention, under bond in the sum of $500, and granted voluntary departure and preexamination.
The Board has been advised that the Attorney General wishes to reconsider the policy stated in the above cited cases, because he believes that the best solution for the seaman problem is to deny release under bond or under other conditions and to enter an order of deportation in the cases of all seamen who entered the United States on or after September 1, 1939, excepting only the cases of such seamen who have in the United States family ties consisting of citizens or lawfully resident aliens. Because of this, our decision in this case should be submitted to the Attorney General for his consideration.
ORDER: It is directed that the alien be released on bond in the sum of $500.
It is further ordered, That an order of deportation not be entered at this time, but that the alien be required to depart from the United States, without expense to the Government, to any country of his choice, within 6 months after notification of decision, upon consent of surety. Departure in accordance with this order will serve to cancel bond, if bond is furnished.
It is further ordered, That preexamination be authorized conditioned upon approval by the Department of State of the alien's preliminary application for an immigration visa.
The decision of the Board of Immigration Appeals, directing the release of the above-named alien on bond in the sum of $500, requiring him to depart from the United States in lieu of deportation, and authorizing preexamination is reversed, and application of the alien for release under bond, for voluntary departure in lieu of deportation, and for preexamination is denied. It is further ordered that the alien be deported to Denmark, at the expense of the transportation company bringing him to the United States, on the ground that he is in the United States in violation of the Immigration Act of 1924 in that at the time of entry he was an immigrant not in possession of an immigration visa.