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.
Subsequent to entry 3 daughters were born in the United States on September 16, 1946, March 10, 1950, and May 19, 1952. The 5 children are residing with their parents.
The adult subjects hereof assert that they first entered the United States during the month of May 1944. Subsequent to entry the husband/father was permitted to depart from this country voluntarily on August 15, 1944, June 17, 1945, and December 28, 1951. His wife was permitted voluntary departure on June 17, 1945, January 6, 1946, and December 28, 1951. They now seek suspension of deportation under and pursuant to the provisions of 8 C.F.R. section 155; section 19 of the act of February 5, 1917. This application for suspension of deportation is predicated upon the serious economic detriment to the citizen children and further upon the fact that these persons have resided in the United States for 7 years or more.
The 3 United States born children are 5 years, 2 years, and 2 months of age, respectively. They are particularly young and obviously their legal residence is wherever their parents might go. The two Mexican-born children are 11 and 8 years of age, respectively.
This Board has given very careful consideration to all of the evidence of record. Both parents and two of their Mexican-born children are subject to deportation for the reasons hereinabove set forth. The remaining 3 United States born children are of particularly young age. All those involved in the present proceeding are nonquota immigrants being natives and citizens of Mexico and it is the conclusion of this Board that the maximum relief from deportation has already been accorded them. In these circumstances we find it necessary to dismiss the appeal.
Order: It is ordered that the appeal from the decision of the hearing officer of July 2, 1952, be and the same is hereby dismissed.