A-5361313.
Decided by Board April 4, 1947. Approved by Attorney General April 28, 1947.
Suspension of deportation — Section 19 (c) 2 of the Immigration Act of 1917, as amended — Discretion.
Though an alien's conduct was such as to raise a doubt of his loyalty to our institutions to the extent that permission to legalize his residence here might be denied were his own merits only concerned, descretionary relief may be granted because his deportation would cause an undesirable family separation from an American wife and minor child dependent upon him, and because there was favorable character evidence.
CHARGE:
Warrant: Act of 1924 — No immigration visa.
BEFORE THE BOARD
Discussion: Upon consideration of the entire record, the findings of fact and conclusions of law with respect to deportability proposed by the Presiding Inspector, as approved by the Commissioner on February 21, 1947, are hereby adopted.
The Commissioner proposes to deport respondent, a 46-year-old native and citizen of Germany, and thus separate him from his American wife and native-born citizen child, both of whom are dependent upon him for support. This recommendation is based on the Commissioner's doubts as to respondent's loyalty to our institutions.
Respondent admits that for a period of 8 years he was in partnership in the painting business with W---- C. K----, a notorious Nazi and one of the leaders of the German — American Bund. During the war Mr. K---- was denaturalized by the Government. It was only when Mr. K---- was arrested by the security officers that respondent's partnership with him came to an end. Respondent testified that his partnership with Mr. K---- was only a business arrangement. He claims that he did not believe in K----'s political and social views. The record also shows that respondent on one occasion accompanied K---- to a meeting of the German-American Bund at Camp Nordland. On another occasion respondent attended a meeting of the German-American Bund at Madison Square Garden. Respondent further admits that he received literature from the German Library of Information.
While respondent denies membership in the German-American Bund, he does admit that he sought membership in the National Socialist Kriegsoferversorgund (known as NSKOV), an organization made up of Germans who had fought in the German Army during the first World War. Respondent testified that he thought this organization was only social and fraternal in character. He claims that he did not discover until after the organization was disbanded that it was Nazi-controlled. Furthermore, he testified that his membership application was never accepted and that he never formally became a member of the NSKOV.
As against these adverse factors, a character investigation conducted by the Immigration and Naturalization Service proved favorable to respondent. In addition, evidence was submitted that he had never been in trouble with the police authorities. The United States Attorney declined to take any action against respondent because of an alleged violation of the Alien Registration Act of 1940. In addition, no alien enemy proceedings were instituted against him.
Were the respondent single, with no ties in this country, we would not be disposed to permit him to legalize his residence in the United States. But he does have an American wife and child who are dependent upon him for support. His deportation would cause an undesirable family separation. These facts coupled with the favorable character evidence warrant granting him permission to legalize his residence. His deportation will be suspended.
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 to title 8, section 90.12, 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.