Prostitution — Sections 212 (a) (12) and 241 (a) (12) of Immigration and Nationality Act.
(1) An alien who was lawfully admitted to the United States for permanent residence in 1952; who last entered the United States in 1953 as a returning resident after a temporary absence of one week; and who testified that she engaged in prostitution for a period of two and one-half months during the latter part of 1954 and the early part of 1955, is deportable under section 241 (a) (12) of the Immigration and Nationality Act as an alien who became a member of one of the classes specified in section 212 (a) (12) of the act. The fact that she was not coming to the United States to engage in prostitution is not material.
(2) This case is distinguishable from Matter of B----, A-5164327, Interim Decision No. 601, since the alien is deportable for having become a member of a class specifically named in the first clause of section 212 (a) (12) of the act which relates to persons who are prostitutes or who have engaged in prostitution and Interim Decision No. 601 relates to persons deportable under the last clause of section 212 (a) (12) as aliens "who are coming to the United States to engage in any other unlawful commercialized vice."
CHARGES:
Warrant: Act of 1952 — Section 241 (a) (12) — Engaged in prostitution after entry.
BEFORE THE BOARD
Discussion: The special inquiry officer upon conclusion of the hearing conducted under the warrant of arrest found that the respondent was not subject to deportation on the charge stated therein and on July 14, 1955, he directed that the proceedings be terminated. On the same date the case was certified to this Board for final decision in accordance with the applicable regulations (Title 8, C.F.R., section 6.1 (c)). The respondent, a 26-year-old single female, native and citizen of Yugoslavia, was admitted to the United States for permanent residence at New York, New York, on March 5, 1952, as a displaced person under the provisions of the Displaced Persons Act of 1948, as amended. She last entered the United States at Vanceboro, Maine, on or about July 6, 1953, as a returning resident alien previously lawfully admitted. She had been visiting in Canada for approximately one week.
The evidence of record is based primarily upon the testimony of the respondent. Her testimony shows that she engaged in prostitution for a period of two and one-half months during the latter part of 1954 and the early part of 1955 at Charleston, South Carolina. During the aforementioned period she had unlawful intercourse with about fifty men, receiving for each act of prostitution the sum of five or six dollars. Her testimony shows that she never practiced prostitution prior to her entry into the United States on or about July 6, 1953. After a careful study of all the evidence in this record, it is our considered opinion that this case does not come within the purview of Interim Decision No. 601, Matter of B----, A-5164327, decided by this Board on July 14, 1954.
Interim Decision No. 601 related solely to an alien who was charged with deportability predicated upon the last clause of section 212 (a) (12) reading: "or aliens coming to the United States to engage in any other unlawful commercialized vice, whether or not related to prostitution." The use of the phrase "any other unlawful commercialized vice" is a catch-all phrase to reach those cases or persons not comprehended in the preceding clauses of 212 (a) (12).
In the instant case there is no occasion to resort to the last clause stated in section 212 (a) (12) of the Immigration and Nationality Act of 1952, inasmuch as the respondent is clearly deportable under the first clause of section 241 (a) (12) of the Immigration and Nationality Act by reason of that portion of section 212 (a) (12) which reads as follows: "Aliens who are prostitutes or who have engaged in prostitution." The first clause of section 241 (a) (12) reads that any alien in the United States shall, upon the order of the Attorney General, be deported who "by reason of any conduct, behavior or activity at any time after entry became a member of any of the classes specified in paragraph 12 of section 212 (a)." The evidence in this record clearly shows that the respondent engaged in prostitution after entry; therefore, she became a member of one of the classes specified in paragraph 12 of section 212 (a) of the Immigration and Nationality Act, in that, she was an alien who engaged in prostitution.
It was specifically stated among other things on page 12 of Interim Decision No. 601 that aliens who engaged in prostitution after entry are rendered deportable. An alien who has engaged in prostitution at any time after entry is deportable under section 241 (a) (12) of the Immigration and Nationality Act as a member of a class specifically named in section 212 (a) (12) of the act, since the first clause of the latter section requires that the person be a prostitute or one who has engaged in prostitution.
After carefully considering all the evidence of record we have concluded to remand this case to the special inquiry officer for further appropriate proceedings not inconsistent with the views set forth in the foregoing opinion.
Order: It is ordered that the decision of the special inquiry officer dated July 14, 1955, terminating the proceedings in this case be withdrawn.
It is further ordered that the case be remanded to the special inquiry officer for the purposes set forth in the foregoing opinion.