56131/11
Decided by the Board December 9, 1943.
Crime involving moral turpitude — Contributing to the delinquency of a minor (Michigan).
Contributing to the delinquency of a minor in violation of section 7696, chapter 30, Compiled Laws of Michigan (1929) is not necessarily a crime involving moral turpitude.
CHARGES:
Warrant: Act of 1917 — Convicted of and admits commission of crime involving moral turpitude prior to entry — contributing to the delinquency of a minor. Act of 1917 and Executive Order 8430 — No passport. Act of 1924 — No permit to enter.
Lodged: Act of 1924 — Immigrant without immigration visa.
Mr. Anthony L. Montaquila, Board attorney-examiner.
The respondent testified that he is a native and citizen of England, aged 25, and that he last entered the United States at the port of Detroit, Mich., during April 1942, following a visit in Canada. He further testified, and the record so establishes, that he was admitted to this country for permanent residence on November 1, 1923, at the port of Boston, Mass., ex-S.S. Carmania.
The respondent stated that at the time of his last entry he was not in possession of a passport, reentry permit, or border-crossing identification card. However, the State Department has waived the passport and visa requirement as to the respondent.
There was introduced in evidence a certified copy of the conviction of one H---- Y---- for contributing to the delinquency of a minor. The respondent identified this record of conviction as relating to him. The complaint relating to that charge is as follows:
The complaint, on oath and in writing of L---- P----, taken and made before me, M.F. Cooney, a municipal judge of the city of Pontiac, in said county upon the 1st day of December, A.D. 1937, who being duly sworn, says that heretofore, to wit, on the 26th day of November A.D. 1937, at the city of Pontiac, and in the county aforesaid, one H---- Y---- did contribute to the delinquency of one L---- P----, she being a female child under the age of 17 years, to wit, of the age of 16 years, and a delinquent child as defined by the statute of the State of Michigan, by then and there taking said L---- P---- to a hotel room and keeping her there for several hours; contrary to section 145 act 328 of the Public Acts of 1931.
Section 28.340, Chapter 286a, Penal Code, volume 24 of the Michigan Statutes Annotated (sec. 145, act 328 of the Public Acts of 1931) provides that —
In all cases where any child shall be a delinquent child or a juvenile delinquent person, as defined by the statutes of this State, the parent or parents, legal guardian or person having the custody of such child, or any other person responsible for or by any act encouraging, causing or contributing to the delinquency of such child, shall be guilty of a misdemeanor.
Section 7629, chapter 30, Compiled Laws of Michigan (1929), defines a delinquent or disorderly child as follows:
Every boy between the age of 10 and 16 years, or any girl between the age of 10 and 17, who shall frequent or be found lounging about saloons, disreputable places, houses of ill-fame, or who shall be an inmate or resident or a member of a family who resides in any house of ill-fame, or conducts any other disreputable place, or shall frequent other rooms or places where dissolute or disreputable people congregate, or where intoxicating liquors are kept for sale, or who shall, against the command of his or her parents or guardian, run away or willfully absent himself or herself from the school he or she is attending, or from any house, office, shop, farm or other place where he or she is residing or legitimately employed with labor, or who shall against the command of his or her parents or guardian or for any immoral, disorderly or dishonest purposes be found lounging upon the public street, highways, or other public resort or at places of amusement or dissolute or improper character, or who shall against such command or for any such disorderly or dishonest purposes attend any public dance, skating rink or show, shall be deemed guilty as a delinquent or disorderly child.
Section 7696 of said chapter 30, above, provides that any person responsible for encouraging or contributing to the delinquency of such child shall be fined $100 or imprisoned 90 days, with discretion to the court to suspend sentence upon such conditions as it may deem desirable.
It will be recalled that the complaint charged the respondent with taking and keeping a delinquent child, of the age of 16 years, in a hotel room for several hours. What transpired during that time, of course, is not indicated in the complaint. If we were to conjecture we would have to take into consideration any one of the possibilities enumerated in section 7629, supra. Some of the things enumerated therein may, of course be indiscreet and possibly reprehensible, but it is doubtful that we could conclude without question that any one of those prohibited acts of themselves involve moral turpitude. Therefore, because of the indefiniteness of the complaint, and the broad scope of the language contained in section 7629, we are unable to determine whether the alien's offense is one involving moral turpitude. It follows, therefore, that his admission of the commission of that offense as an additional ground of deportation, must fall.
FINDINGS OF FACT: Upon the basis of all the evidence presented, it is found:
(1) That the respondent is an alien, a native and citizen of England;
(2) That the respondent was admitted to the United States for permanent residence on November 1, 1923, at the port of Boston, Mass.;
(3) That the respondent last entered the United States at Detroit, Mich., during April 1942 following an absence in Canada for 2 days;
(4) That the respondent was convicted during 1937 in the State of Michigan for the offense of contributing to the delinquency of a minor;
(5) That the respondent admits the commission of the foregoing offense;
(6) That the respondent was not in possession of an immigration visa at the time of his last entry;
(7) That the respondent was not in possession of a passport or other document in the nature thereof, nor reentry permit or border-crossing identification card at the time of his entry;
(8) That the State Department has waived the passport and visa requirements.
CONCLUSIONS OF LAW: Upon the basis of the foregoing findings of fact, it is concluded:
(1) That on the basis of the complaint of contributing to the delinquency of a minor, and the applicable statute, it has not been established that the respondent's offense is one involving moral turpitude;
(2) That under section 19, Immigration Act of February 5, 1947, the respondent is not subject to deportation on the grounds:
(a) That he has been convicted of a felony or other crime or misdemeanor involving moral turpitude prior to entry to the United States, to wit: contributing to the delinquency of a minor;
(b) That he admits having committed a felony or other crime or misdemeanor involving moral turpitude prior to entry into the United States, to wit: contributing to the delinquency of a minor;
(c) That at the time of entry he did not present an unexpired passport or official document in the nature of a passport issued by the government of the country to which he owes allegiance or other travel document showing his origin and identity as required by the act approved May 22, 1918, and Executive order in effect at the time of entry;
(3) That under sections 13 and 14 of the Immigration Act of 1924, the respondent is subject to deportation on the ground that at the time of entry he was an immigrant, not in possession of a valid immigration visa and not exempted from the presentation thereof by said act and regulations made thereunder;
(4) That under the Act of June 28, 1940, and the Act of February 5, 1917, the respondent is subject to deportation on the ground that at the time of entry he did not present a valid visa, and not being exempted from so doing as an emergency case as defined by the Secretary of State, a reentry permit or bordercrossing identification card as required by section 30 of title 3 of said act;
(5) That under section 20 of the Immigration Act of 1917, the respondent is deportable to England at the expense of the Government.
OTHER FACTORS: On the occasion of the respondent's last entry he was returning to a previously lawfully acquired domicile which, as stated, he acquired in 1923, a period of almost 20 years. On September 28, 1940, he was married to a citizen of the United States. Of this union there is one American-born child. His father and other close relatives reside in this country. It is indicated that he has no relatives in Canada or England.
The only mar on the alien's record is his conviction during 1937 of the offense in question, which has not been established to be one involving moral turpitude. He was placed on probation for a period of 6 months. He is presently a member of the United States Army.
On the record as a whole, we feel that the alien should be treated as having been readmitted to the United States on the occasion of his entry at Detroit, Mich., during April 1942.
ORDER: It is ordered that the alien be considered as having been readmitted to the United States on April 27, 1942, at Detroit, Mich., under the provisions of section 13 (b), Immigration Act of 1924, as one returning to a previously lawfully acquired domicile.