IN THE MATTER OF L----, 2 IN Dec. 775 (BIA 1947)
IN THE MATTER OF L----. In DEPORTATION Proceedings.
A-5776904.Board of Immigration AppealsExecutive Office for Immigration ReviewU.S. Department of Justice
Decided by Board January 7, 1947.Decided by Attorney General January 7, 1947.
Suspension of deportation — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Serious economic detriment.
It was found that the alien's deportation would result in serious economic detriment to his citizen wife within the meaning of section 19 (c) (2) of the Immigration Act of 1917, as amended, where the spouses both earned low incomes, lived apart because of circumstances beyond their control, the wife has supported members of her family, they have an ill child, the wife is not well, and the wife needs what contribution he can give her or she would suffer.
CHARGE:
Warrant: Act of 1924 — Remained longer, seaman.
BEFORE THE BOARD
BEFORE THE BOARD
Discussion: Respondent, a native and citizen of Germany, male, 54 years of age, last entered the United States during 1927 as a seaman. An order and warrant for his deportation on the above-stated ground dated September 22, 1942, are outstanding. Deportability is not at issue at this time. This Board on January 25, 1946, granted alien's motion to reopen the hearing to permit application for discretionary relief. The case is now before us pursuant to this order.
The Commissioner, in an opinion dated November 6, 1946, denied the alien's application for suspension and in connection with voluntary departure denied his request for preexamination. The Commissioner granted voluntary departure within 90 days from notification of decision and placed the respondent on notice that if he did not so depart the Commissioner proposed to order deportation.
Respondent married a citizen of the United States in 1933. There are no children of the union. Respondent is employed as a freelance interior decorator and at present is engaged as a subcontractor for a builder located at Staten Island, N.Y. He alleged no assets and stated his income for the year 1945 to be $800. His wife is employed in an antique shop. Her earnings are meager and vary according to the amount she sells.
The Commissioner predicated his denial of the alien's application for suspension of deportation on the ground that the alien failed toPage 776
establish that his deportation would result in serious economic detriment to his citizen wife. The alien testified that he contributes to his wife's support whenever he is "able to spare the money," and that "a couple of weeks ago" he gave her $35. The alien's wife testified that for economic reasons she and her husband have lived apart since 1937; that they do not maintain a common household because during the depression they lost heavily and since then have been "pretty much handicapped making a living" and that she had to take care of her mother before the mother died; that they expect to establish a common household sometime in the future and that she needs the help of her husband, as she is physically unwell.
We are of the opinion that respondent's deportation would result in serious economic detriment to his citizen wife within the meaning of the statute. Here we have a man and wife with very low incomes due to the nature of their employment. They live apart not by choice but because of circumstances beyond their control. The wife has been obligated to support members of her family. Her daughter is now ill and requires her attention, and a place to reside, as well as support. The alien husband contributes to his wife's maintenance according to his earnings. His wife is not physically well and her requirements in the future are unpredictable. They look forward to establishing their abode together when the obstacles that confront them at present have been overcome. There is no question but that the narrow margin on which both the alien and his wife operate demands contribution from both. Without assistance from the alien the citizen wife would necessarily suffer. For these reasons we find that the alien's deportation would result in serious economic detriment to his citizen wife.
The alien was convicted on a plea of guilty to a charge of disorderly conduct at New York City on December 2, 1940, and placed on probation for 1 year. Other than for this misdemeanor he appears to have no criminal record. He has presented two affidavits attesting to his good moral character. A character investigation conducted during April 1946 is favorable. The Federal Bureau of Investigation and the Alien Enemy Control Unit of the Department of Justice report no record unfavorable to the alien. He was not interned during the late war, although investigated by the Federal Bureau of Investigation. The alien appears to have been a person of good moral character for the preceding 5 years.
The alien has resided in the United States for almost twenty years. We are of the opinion that the record justifies suspending his deportation.
Order: It is directed that the oustanding order and warrant for the alien's deportation dated September 22, 1942, are hereby withdrawn.Page 777
It is further directed, 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 directed, 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 of title 8, section 90.12, Code of Federal Regulations, the Board refers the case to the Attorney General for review of its decision.
BEFORE THE ATTORNEY GENERAL
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.Page 778