Seaman — Recent arrival — Policy as to discretionary relief.
In the absence of dependent ties here or other factors presenting an appealing basis for the grant of discretionary relief, it is the policy to deny such relief to recently arrived seamen for the reason stated in the opinion below.
CHARGE:
Warrant: Act of 1924 — Remained longer — Transit.
BEFORE THE BOARD
Discussion: Respondent is a native and citizen of Italy, age 34 years. His only entry into the United States was at the port of New York on February 12, 1948, as a plane passenger, when he was admitted as an alien in transit in order to reship as a member of a crew. He accepted employment and has lived and worked ashore since that time. The Assistant Commissioner denied his application for voluntary departure and preexamination and ordered that he be deported to Italy. In oral argument before this Board counsel asked that respondent be permitted to remain in the United States an additional 2 months in order that he might save enough money to enable him to finance his departure himself.
This record presents no basis for a grant of discretionary relief of any kind. It has been the policy of this Board to deny voluntary departure to all recently arrived seamen ( Matter of D----, 9747470 (Mar. 9, 1949); Matter of A----, 9777131 (Mar. 3, 1949); Matter of I----, 9777377 (Oct. 14, 1949)). Unless there is some penalty attached to the overstaying of leave on the part of a seaman, it would be impossible for the Immigration Service to enforce regulations governing seamen. Respondent did not abide by the terms of his admission to the United States. No one will suffer economic detriment as a result of his deportation. He has no wife, children, or other dependents in the United States. His mother, wife, and children live in Italy.
Order: It is ordered that the alien's application for voluntary departure be denied.
It is further ordered, That the appeal be and it hereby is dismissed.