55910/216
Decided by the Board September 4, 1941.
Good moral character — Section 19 (c), Immigration Act of 1917, as amended.
1. Good moral character does not mean moral excellence.
2. Illegal entries in violation of section (1) (a) of the Act of March 4, 1929, and an arrest for drunkenness would not bar a finding of good moral character.
CHARGES:
Warrant: Act of 1924 — Immigrant without immigration visa. Act of 1917 — Reentered within a year after deportation.
Lodged: Act of 1917 — Entered at other than designated port. Act of 1917 and Executive Order 8766 — no passport.
Mr. Jack Wasserman, Board attorney-examiner.
STATEMENT OF THE CASE: Warrant of arrest herein was issued July 14, 1941, and served July 25, 1941. A hearing was accorded the respondent on the last mentioned date at which time he waived counsel.
The presiding inspector recommended deportation.
The matter is now before this Board for review and decision.
The respondent is detained awaiting trial for violation of section 1, Act of March 4, 1929.
DISCUSSION: This record relates to a native and citizen of Mexico, aged 49, a widower, and a farm laborer by occupation. He first entered the United States when 2 years of age and lived here continuously until 1934, when he returned to Mexico as a repatriate. He reentered the United States in September 1936, and since that date has been deported on three occasions. He was last deported on November 17, 1940, and he last entered the United States near Tres Jacales, Tex., to seek work and to see his children.
The respondent has been sentenced twice for periods of 30 days for reentry in violation of the Act of March 4, 1929, and a third prosecution is presently pending for a similar violation. The deportation charges on which respondent was deported were not pursuant to any of the provisions of law specified in section 19 (d) of the Immigration Act of 1917, as amended. He was arrested for drunkenness on June 30, 1941, and fined $14. He has no other criminal record. Respondent has no assets and was on relief in 1933 and 1934. He stated that he has no relatives in Mexico, that he has six American-born children, aged 11, 16, 20, 21, 24, 26, respectively, and that he supports some of them when he is working.
Respondent was advised of the privileges of voluntary departure and suspension under section 19 (c) of the Immigration Act of 1917, as amended, but he declined the opportunity to file for the same, stating that he could not prove good moral character. This statement was undoubtedly based on the respondent's assumption that his violation of the immigration laws and the prosecutions resulting therefrom conclusively established bad moral character.
Good moral character does not mean moral excellence. A good moral character is one that measures up as good among the people of the community in which the party lives; that is, up to the standard of the average citizen. Moral standards differ from time to time and place to place. In the determination of an alien's moral character, we apply the standard of the average American citizen as it exists today. Reputation that will pass muster with the average man is required. It need not rise above the level of the common mass of people.
The respondent committed a felony when he violated section 1 (a) of the Act of March 4, 1929. However, not every violation of the law establishes bad moral character. On the present record there appears to be no moral turpitude in the conduct and attitude of the respondent and nothing evincing a calloused conscience. We do not decide at this time whether respondent is entitled to voluntary departure or suspension. Nor do we say that his repeated violations of section 1 (a) of the Act of March 4, 1929, should be entirely disregarded. They will be weighed in determining whether relief in the form of voluntary departure or suspension should be granted in the exercise of our discretion.
The record before us does not conclusively bar establishment of good moral character. Considering the fact that respondent resided in the United States for a period of about 40 years, that he has 6 American-born children here, and that his previous deportations were not founded upon any of the provisions of law specified in section 19 (d) of the Immigration Act of 1917, as amended, the proceeding should be reopened to permit respondent to file an application for voluntary departure or suspension of deportation.
ORDER: It is ordered that the hearing be reopened to permit the respondent to file application under the provisions of title 8, Code of Federal Regulations, section 150.6 (g), for suspension of deportation or for voluntary departure in lieu of deportation and to conduct such further hearing in accordance with the existing regulations as may be appropriate to the case.