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IN THE MATTER OF T- F—————

In DEPORTATION Proceedings

A-7828959

Decided by Board August 1, 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 natives and citizens of Mexico, a family group consisting of an alien husband/father and three alien minor children, even though in addition to the citizen wife/mother there are two citizen minor children in such family.

CHARGES:

Warrant: Act of 1924-No immigration visa.

Act of 1917-Entered at other than designated port.
Act of 1918-No passport (all aliens).

BEFORE THE BOARD

Discussion: These cases present appeals from an order entered by the Assistant Commissioner on April 24, 1952, denying the respondents' applications for suspension of deportation and directing that an order of deportation not be entered ***, but that the aliens be required to depart from the United States without expense to the Government, within such period of time and under such conditions as the officer in charge of the district deems appropriate. It was further ordered that order of deportation be reinstated and executed if the aliens failed to depart in accordance with the foregoing.

The respondents are a 35-year-old married male and his three minor children, 10, 8, and 4 years of age, respectively. They are natives and citizens of Mexico and have resided continuously in the United States since last entering at or near Fabens, Tex., on August 9, 1948, without documents and without being examined by an officer of the Service. At the time of the respondents' arrival in the United States, it was their intention to remain permanently. The respondents have never been admitted to the United States for permanent residence. The evidence of record conclusively establishes that they are subject to

deportation on the charges contained in their respective warrants of arrest, dated July 26, 1950.

The record discloses that the adult respondent is married to a nativeborn citizen of the United States and in addition to the above referred to children, he is also the parent of two native-born citizen children. The respondent's wife is 29 years old and has lived in Mexico for over 23 years. The respondents' application requesting that their deportation be suspended on the ground that such deportation would result in a serious economic detriment to their citizen wife and mother has been denied and the reasons therefor are set forth in detail by the hearing officer in his discussion of the evidence dated December 12, 1951. It is well established that the grant of suspension of deportation rests entirely within the discretion of the Attorney General and no deportable alien can claim such relief as a matter of right. We do not believe that the circumstances here presented merit the extraordinary relief of suspension of deportation. In any event, the respondents are eligible for admission to the United States as nonquota immigrants under section 4 (c) of the Immigration Act of 1924, as amended. . We have carefully considered all the evidence of record, and we find nothing therein that would cause us to make any change in the decision of the Assistant Commissioner, who has granted the aliens the privilege of voluntary departure, and has directed that if they fail to depart, that an order of deportation be entered. We concur therein. Accordingly, the appeal will be dismissed.

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Order: It is ordered that the appeal be dismissed.

IN THE MATTER OF A

In DEPORTATION Proceedings

A-7388916

Decided by Board August 1, 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 case of natives and citizens of Mexico, a family group of alien wife/mother and two alien minor children of a citizen husband/father, who are eligible for nonquota status and entered the United States for the purpose of applying for suspension, since the Congress has manifested its disapproval of the grant of suspension under such circumstances by prior rejection of similar cases.

CHARGES:

Warrant: Act of 1924-No immigration visas.

BEFORE THE BOARD

Discussion: These cases are before us on appeal from a decision of the Assistant Commissioner dated March 3, 1952, denying the applications for suspension but granting voluntary departure. Respondent D, a 25-year-old native and citizen of Mexico, last entered the United States at El Paso, Tex., on November 18, 1949, with her husband and children. Her first entry occurred on November 28, 1946. Respondent SR, 7 years old, and respondent 0- 6 years old, are Mexican-born children of respondent D——— and last entered the United States with their parents on November 18, 1949. The children first entered this country on October 27, 1949. Respondents are clearly deportable as aliens entering without visas (secs. 13, 14, act of 1924).

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Respondent D― married a United States citizen in Mexico in 1943. The citizen husband began living in the interior of Mexico in 1938 and continued to live there for two years after their marriage. In 1945, respondent D and her husband moved to the border at Juarez, with the husband then coming into the United States daily to work until 1949. The hearing officer determined that the alien's

sole purpose for entry was to make application for suspension, although they realized that they could gain lawful admission upon obtaining the necessary documents.

Although respondents are eligible for suspension, Congress does not view the granting of relief in such cases with favor, as manifested by prior rejection of similar cases. Since respondents are eligible to obtain visas to expedite their lawful admission, we feel that voluntary departure is the maximum relief possible. A grant of suspension is definitely not justified in the present circumstances. For these reasons, the appeals are accordingly dismissed.

Order: It is hereby ordered that the appeals be dismissed.

IN THE MATTER OF T- 0▬▬▬▬▬▬▬

In DEPORTATION Proceedings

T-2626135

Decided by Board August 1, 1952

Suspension of deportation, 7 years' residence-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 case of a family group of alien parents and two alien minor children, natives and citizens of Mexico, who are eligible for nonquota status, even though there are three citizen minor children who are part of such family, particularly in view of the history of immigration violations on the part of the adult aliens.

CHARGE:

Warrant: Act of 1924-No immigration visa (all).

BEFORE THE BOARD

Discussion: These matters are before us by reason of appeals from the decision of the hearing officer, Brownsville, Tex., dated July 2, 1952, wherein all of the parties here involved were permitted to depart from the United States without expense to the Government to any country of their choice under such conditions as the officer in charge of the district deems appropriate and that in the event of failure to so depart in accordance with the order that deportation from the United States pursuant to law be enforced.

The subjects of this proceeding are a 35-year-old male and his 30-year-old wife and their 2 minor children 10 and 8 years of age, all natives and citizens of Mexico who last entered the United States near Brownsville, Tex., on December 30, 1951. These persons came to the United States to remain indefinitely and according to their testimony they were not in possession of immigration visas at the time of entry as required under and pursuant to the provisions of section 13 of the Immigration Act approved May 26, 1924 (8 U. S. C., sec. 213). That these aliens are subject to deportation is established adequately by the evidence of record.

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