Matter of G---- L---- T----, A-8834479

• Citation: 8 I&N Dec. 403
• Decision Date: 01 July 1959
• Docket Number: A-8834479
• Parties: MATTER OF G---- L---- T---- In DEPORTATION Proceedings
• Court: U.S. DOJ Board of Immigration Appeals

8 I&N Dec. 403

MATTER OF G---- L---- T----

In DEPORTATION Proceedings

A-8834479

Board of Immigration Appeals

Decided by Board July 1, 1959

Good moral character—Section 101(f)(6) of 1952 act—False information given orally in connection with application is "testimony."

False information given under oath in a question-and-answer statement before an officer of the Service in connection with an application for a certificate of citizenship in lieu of one lost is "testimony" within the meaning of section 101 (f) (6) of the 1952 act.

CHARGE:

Order: Act of 1952—Section 241(a)(1) [8 U.S.C. 1251(a)(1)]—Excludable at entry under 8 U.S.C. 213(a), 1946 ed.—No immigration visa.

BEFORE THE BOARD

Discussion: A special inquiry officer directed the respondent's deportation and denied his application under 8 U.S.C. 1254(a)(1). On October 1, 1958, we dismissed his appeal. The matter is now before us pursuant to counsel's motion which requests reconsideration of our decision of October 1, 1958.

The respondent is a 48-year-old married male, native and citizen of China, who last entered the United States on October 15, 1949, when he was admitted as a United States citizen. With the exception of one absence for 11 months, he has resided here since October 1940. At that time he secured admission as the son of a native-born citizen. Actually, he has never been a citizen of the United States and he has conceded his deportability on the charge stated above. The sole issue to be determined is whether the motion for reconsideration should be granted.

After the respondent obtained admission to the United States in 1940 through his fraudulent claim of being a United States citizen, he continued to claim citizenship on various occasions until January or February 1955 when he admitted his alienage while being questioned by officers of the Department of State. On the basis of his claim that he acquired United States citizenship through his father, he obtained a certificate of citizenship in 1947 which was stolen from him during November 1953. Exhibit 7 shows that on January 19, 1954, he was questioned under oath by an officer of the Service in connection with an application for a certificate of citizenship to replace the stolen one. At that time, he gave false testimony concerning his citizenship. The special inquiry officer held that, due to this false testimony, the respondent was precluded from establishing good moral character by reason of the provisions of 8 U.S.C. 1101 (f) (6).

Counsel submitted with his motion a letter of the Department of State dated November 14, 1958, indicating that the respondent cooperated during the investigation concerning his case, as well as other cases involved. While that would be a factor in determining whether suspension of deportation should be granted as a matter of discretion, the decisions of the special inquiry officer and of this Board show that the denial of suspension was based on the conclusion that the respondent did not meet the statutory requirements for that relief because 8 U.S.C, 1101(f)(6) precluded a finding of good moral character.

The...