A-6190434
Decided by Board July 30, 1948
Place of deportation — Section 20, Immigration Act of 1917 — Foreign place of embarkation in connection with last entry.
Crime involving moral turpitude — Stealing mail from letter boxes in vestibules (18 U.S.C. 317, Criminal Code 194. See new 18 U.S.C. 1708, 1702) — Impersonating a Federal officer (18 U.S.C. 76, Criminal Code 32. See new 18 U.S.C. 912).
(1) Under section 20, Immigration Act of 1917, alien is deportable to the port where he embarked to come to the United States in connection with his last entry and not to the place of embarkation from whence he came to the United States originally.
(2) Stealing mail from letter boxes in vestibules in violation of section 194 of the Criminal Code, old 18 U.S.C. 317 (see new 18 U.S.C. 1708, 1702) is an offense involving moral turpitude.
(3) Impersonating a Federal officer in violation of section 32, of the Criminal Code, old 18 U.S.C. 76 (see new 18 U.S.C. 912), is an offense involving moral turpitude. (See 1 IN Dec. 509.)
CHARGE:
Warrant: Sentenced more than once for crimes involving moral turpitude, to wit: Stealing mail from letter boxes in vestibules in violation of section 317 of title 18, United States Code (sec. 194 of the United States Criminal Code); and impersonating a Federal officer in violation of section 32 of the United States Criminal Code (18 U.S.C. 76).
BEFORE THE BOARD
Discussion: On July 21, 1937, the Board of Review ordered the subject alien deported to Hungary on the ground that he was in the United States in violation of the act of 1917 in that he had been sentenced more than once for the crime involving moral turpitude, to wit: Stealing mail from letter boxes in vestibules (violation of sec. 317 of title 18, U.S.C.); and impersonating a Federal officer (violation of sec. 32 of United State Criminal Code). Deportation could not be effected to Hungary because travel documents were not obtainable.
On February 12, 1948, the Acting Commissioner made a motion to amend the outstanding warrant of deportation to provide for the alien's deportation to the port of Hamburg, Germany. Evidence of record establishes that the alien last entered the United States at the port of New York, N.Y., on November 22, 1922, and that the place of embarkation was Hamburg, Germany. This Board on March 10, 1948, granted the motion of the Acting Commissioner.
Counsel on motion requests reconsideration of the outstanding order. He maintains that Hamburg, Germany, was not the port of embarkation intended by section 20 of the act of 1917; but that such port of embarkation was Rotterdam, Holland, the port from which the alien originally embarked for the United States in 1912. Counsel also maintains that there has been unusual delay in deporting the alien.
Section 20 of the Immigration Act of 1917 provides that deportation of aliens may be effected to the country from whence an alien came or to the foreign port at which alien embarked for the United States. Counsel has advanced nothing in support of his argument that Rotterdam should be considered the port of embarkation. Furthermore, on the evidence of record we conclude that there has been no unusual delay in deporting the alien. Accordingly, the motion for reconsideration will be denied.
Order: It is ordered that the motion be and the same is hereby denied.