A-6044438
Decided by Board July 31, 1952
Suspension of Deportation, economic detriment — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Exercise of discretion.
(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, a native and citizen of Mexico, who has history of prior immigration violations, despite the fact that he has a citizen spouse and two dependent citizen children.
CHARGES:
Warrant: Act of 1924 — No immigration visa. Act of 1917 — Entered at other than a designated port. Act of 1918 — No passport.
BEFORE THE BOARD
Discussion: This case is before us on exceptions taken to the order of the hearing officer denying the respondent's application for suspension of deportation and granting voluntary departure and permission to reapply for admission after deportation, with the further order that if the alien does not depart in accordance with the foregoing he be deported upon the warrant charges.
The respondent is a 34-year-old married male, a native and citizen of Mexico who last entered the United States on or about April 15, 1948, by wading the river near Brownsville, Tex. There is no issue on deportability.
With regard to the matter of discretionary relief, we feel that the relief that has been accorded to the alien by the order of the hearing officer is the maximum relief that should be granted to him. Although he has a citizen spouse and two dependent citizen children, he has a history of immigration violations, including 3 deportations, 2 voluntary departures, and 4 convictions for immigration violations.
Order: It is ordered that the appeal from the decision of the hearing officer be and the same is hereby dismissed.