A-3192373.
Decided by Board June 10, 1947. Approved by Attorney General June 17, 1947.
Suspension of deportation — Section 19 (c) (2) of the Immigration Act of 1917, as amended — Good moral character — Discretion.
An alien is not precluded from establishing good moral character for the 5-year period required for suspension of deportation under the provisions of section 19 (c) (2) of the Immigration Act of 1917, as amended, where he had lived with a married woman not his wife during the period believing her marriage had been terminated by divorce, and where he had requested her to marry him on several occasions and has ceased his relationship with her when he learned she was not divorced.
CHARGE:
Warrant: Act of 1924 — No immigration visa.
BEFORE THE BOARD
Discussion: The alien, a native and citizen of Liberia, West Africa, last entered the United States at the port of Baltimore, Md., on September 19, 1930, as a member of the crew of the S.S. New Brooklyn and deserted. At the time of alien's entry it was his intention to remain in the United States permanently and he did not possess an unexpired immigration visa.
Upon consideration of the entire record the findings of fact and conclusions of law relating to deportability proposed by the Presiding Inspector and served on the alien June 4, 1946, are hereby adopted.
Factors Relating to Discretionary Relief: The alien has applied for the privilege of suspension of deportation under section 19 (c) (2) of the Immigration Act of 1917, as amended.
The alien married a native-born citizen of the United States on October 22, 1945. There are no children of the union. The alien is gainfully employed and earns on the average approximately $75 a week. His assets consist of war bonds and other personalty valued at $800. His wife is unemployed, has no income, and is wholly dependent upon the alien for support. Deportation of the alien would result in serious economic detriment to his native-born citizen wife.
This Board originally considered the record on September 25, 1946. We ordered the hearing reopened to obtain further evidence relating to the alien's good moral character. The Commissioner, in opinions dated August 14, 1946 and May 2, 1947, denied the alien's application for suspension of deportation on the ground that the alien had failed to establish that he has been a person of good moral character during the preceeding 5 years because of an adulterous relationship with a married woman prior to his present marriage and within the statutory period.
The alien admits that prior to his marriage in 1945 he lived as man and wife with one L---- P----, a woman who was married and separated from her husband, but not divorced. The relationship continued from 1935 to 1943. The alien testified that he did not enter into a ceremonial marriage with L---- P---- because on several occasions she had refused, stating that she was not ready; that during the period they resided together he (the alien) believed that L---- P----'s marriage had been terminated by divorce obtained by her husband, and that as soon as he learned that L---- P---- had a living husband from whom she was not divorced, he terminated that relationship in 1943 and they have not been on friendly terms since the separation.
In a recent case before the United States Circuit Court of Appeals for the second circuit concerning petitions for naturalization (Petition of Rudder et al., Nos. 131-134, October term, 1946, decided January 27, 1947), Circuit Judge Swan held that where the relationship between couples had been long-term and faithful and they consider themselves and are considered by their neighbors as upright and decent husbands and wives and who would willingly have made legitimate their status if they could, then such relationship is not considered to be an indication of the lack of good moral character. The judge distinguished between an adulterous relationship prompted by lust and that of one founded upon permanence, stability, and apparent respectability.
Because of the foregoing ruling by the Circuit Court of Appeals, Second Circuit, and inasmuch as the evidence before us appears to indicate that the alien acted in good faith, with no intent to commit adultery, we find that he possesses the necessary good moral character required for the statutory period.
The Federal Bureau of Investigation has no criminal record of the alien. An independent character investigation conducted by the Immigration and Naturalization Service is favorable. This is also supported by sworn statements of persons well acquainted with the alien.
The alien is a person of the black race and is not ineligible to naturalization in the United States, nor is the alien subject to deportation under any provisions of law mentioned under section 19 (d) of the Immigration Act of 1917, as amended. Order: It is ordered 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 ordered, 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.
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.