A-4532071
Decided by Board December 10, 1956
Returning lawful permanent resident alien, section 212 (c) of Immigration and Nationality Act — Good moral character as requirement for establishing eligibility.
(1) An alien inadmissible to the United States on criminal grounds, because of conviction of the crime of murder, is not precluded by section 101 (f) (8) of the Immigration and Nationality Act from establishing good moral character in seeking the exercise of section 212 (c) of the act.
(2) There is no statutory requirement regarding good moral character in connection with eligibility for discretionary relief under section 212 (c) of the Immigration and Nationality Act (cf. Matter of G---- Y---- G----, 4 IN Dec. 211). The provisions of section 101 (f) of the act should, however, be taken into consideration when determining whether an applicant therefor is worthy of such relief.
EXCLUDABLE:
Act of 1952 — Section 212 (a) (20) — No visa.
Act of 1952 — Section 212 (a) (9) — Convicted of crime involving moral turpitude — Murder, 2d degree.
Act of 1952 — Section 212 (a) (9) — Admitted committing crime involving moral turpitude — Murder, 2d degree.
BEFORE THE BOARD
Discussion: This is an appeal from the order of the special inquiry officer excluding the appellant on the grounds stated above. The appellant is a 42-year-old single male, native and citizen of the Philippine Islands, who testified that he entered the United States as a student during 1929. He has resided in the United States continuously since that date except when employed as a cook on a transport which sailed from the United States to foreign in 1943. On November 11, 1956, he departed for a short visit to Mexico and on November 14, 1956, made this application to reenter.
Appellant is clearly inadmissible on the criminal grounds. The special inquiry officer refused to give consideration to the desirability of authorizing the appellant's admission to the United States under the provisions of section 212 (c) of the Immigration and Nationality Act because of his belief that the alien was ineligible for such a grant as he could not establish good moral character by reason of the provisions of section 101 (f) (8) of the act. Section 101 (f) (8) prevents a person from being regarded as a person of good moral character if, during the period for which good moral character is required to be established, he has been convicted of murder. Appellant had been convicted of the crime of murder, 2d degree, and served a 9-year sentence. He has been free from confinement since 1942 and, on May 1, 1953, received his final discharge.
We do not believe that the appellant is precluded from establishing good moral character because of his conviction for crime. There is nothing in the law nor regulations which requires an applicant for discretionary relief under section 212 (c) of the act to establish good moral character. Obviously, therefore, the statutory prohibitions as to the establishment of good moral character are not controlling although, of course, they should be taken into consideration in determining whether an applicant for relief is worthy of relief.
We shall, therefore, return the case to the field so that inquiry may be made as to whether the appellant is a person worthy of the relief he requests and whether he is otherwise eligible for it.
Order: It is ordered that action in accordance with the foregoing be taken.