A-1454358
Decided by Board January 12, 1949
Suspension of deportation — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Good moral character requirement.
While a prior adulterous relationship does not preclude a finding of good moral character (in connection with an application for suspension of deportation under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended), such a ruling is not applicable in the instant case, for the alien made no attempt to adjust his marital status and terminate the illicit relationship.
CHARGE:
Warrant: Act of 1924 — No immigration visa.
BEFORE THE BOARD
Discussion: This case is before us on appeal by the Consul General of Mexico, at Los Angeles, Calif., in behalf of the respondent, wherein request is made that the record be reopened and he be granted suspension of deportation, or, if not that relief, at least the privilege of voluntary departure. On May 12, 1948, the Assistant Commissioner ordered the respondent deported to Mexico, and on October 12, 1948, that officer considered and denied a request of the consul to reopen the proceeding with a view to granting suspension of deportation.
The respondent, a native and citizen of Mexico, alleges that he last entered the United States at San Ysidro, Calif., in 1927 although he states that he has resided here since 1915; his last entry cannot be officially verified. Respondent married a legally resident alien in 1926; they have five native-born minor children, four of whom are in need of support. Although this marriage has not been terminated, husband and wife have been separated since 1939 when she caused his arrest for drunkenness and disturbance of the peace. Since respondent has not adequately provided for his family, his wife has been receiving county assistance. The respondent testified that the court ordered him to pay $20 a week for the family but that he has not been able to maintain payments in that amount; receipts showed payments in the amount of about $40 a month. The respondent's occupation is that of butcher and his earnings are $51 per week.
For a period of about 5 years respondent had been indulging in illicit relations with a woman not his wife, who was keeping house for him; he admitted that she caused his arrest for battery 5 months previously, for which he was sentenced to serve 180 days but was released on parole without serving any time. He alleges that he was drinking at the time of the arrest and had been arrested four or five times on drunk charges. As evidence of character, respondent has submitted several letters from business associates stating that he is a good, honest worker whose conduct was satisfactory. The presiding inspector and the Assistant Commissioner found that this evidence on the issue of moral character did not warrant a grant of any form of relief.
A person of good moral character is said to be one who measures up as good among the people of the community in which he lives; that is, up to the standard of the average citizen. It means that he has such a reputation as will pass muster with the average man. It need not rise above the level of the common mass of people. ( In re Hopp, D.C. Wis. 1910, 179 F. 561). The alien's conduct should be considered in its entirety. Good moral character for the purposes of suspension of deportation is not synonymous with moral excellence. It is not destroyed by a single lapse. Rather it is a concept of a person's natural worth derived from the sum total of all his actions in the community ( Matter of K----, 56043/138, Apr. 28, 1944). Although an alien may have a very poor record in the neighborhood where he lives because of overindulgence in intoxicating liquors on occasions, and his subsequent activities as a result thereof, if other favorable aspects of the case outweigh the allegedly unfavorable ones, favorable consideration may be given his application for relief ( Matter of F----, 56095/905, Apr. 10, 1943; Matter of S----, 56002/909, Aug. 28, 1941).
This Board has previously stated that a prior adulterous relationship does not preclude a finding of good moral character ( Matter of J----, 1163558, aff. by A.G. Dec. 18, 1947; Matter of O----, 3889600, aff. by A.G. Dec. 18, 1947), but such rulings are not applicable to the instant case, for respondent has made no attempt to adjust his status and terminate the illicit relation. In Petitions of Rudder et al., 159 F. (2d) 695 (C.C.A. 2d, 1947), a finding of good moral character is based on the permanence, stability, and apparent respectability of the relationship involved; such is not the case here.
For the foregoing reasons, we determine that neither suspension of deportation nor voluntary departure should be granted. The appeal is, accordingly, dismissed.
Order: It is hereby ordered that the application for the reopening of the record be denied.
It is further ordered, That the alien be deported to Mexico at Government expense on the charge stated in the warrant of arrest.