Matter of S---- Y---- L----

• Decision Date: 09 March 1962
• Docket Number: A-15751020.
• Citation: 9 I&N Dec. 575
• Parties: MATTER OF S---- Y---- L----. In DEPORTATION Proceedings.
• Court: U.S. DOJ Board of Immigration Appeals

9 I&N Dec. 575

MATTER OF S---- Y---- L----.

In DEPORTATION Proceedings.

A-15751020.

Board of Immigration Appeals.

Decided by Board March 9, 1962.

Place of deportation — Section 243(a) of 1952 act — Republic of China on Formosa as country of nationality.

(1) Alien's claim to being a national of Communist China because of birth on the mainland of China does not preclude deportation to Formosa, the seat of the Nationalist Government of the Republic of China, as country of nationality within step 2 of section 243(a) of the Act. The latter is recognized by the United States as the legal government of China.

(2) Hong Kong was correctly designated as alternative place of deportation within section 243(a)(5) of Act where alien resided there from October 1957 until his departure for United States in 1961.

CHARGE:

Order: Act of 1952 — Section 241(a)(2) [8 U.S.C. 1251(a)(2)] — Remained longer — Nonimmigrant crewman.

BEFORE THE BOARD

DISCUSSION: The case comes forward on appeal from the order of the special inquiry officer dated January 23, 1962, directing respondent's deportation to Formosa, or in the alternative to Hong Kong, and appealing from the denial of the application for release on bond.

The record relates to a native and citizen of China, 32 years old, male, married, who last entered the United States at the port of Norfolk, Virginia, on or about August 20, 1961, and was admitted as a nonimmigrant crewman authorized to remain in the United States for the period of time his vessel remained in port, not exceeding 29 days. Deportability on the charge stated in the order to show cause is conceded. The alien declined to make any designation of the country to which he preferred to be deported as provided in section 243(a) of the Immigration and Nationality Act. The order of the special inquiry officer directing deportation to Formosa, or in the alternative to Hong Kong, is placed in issue by this appeal.

The respondent testified that he was born in Bo On, Kwangtung Province, China; that he departed in October 1957 for Hong Kong where he took up the calling of a crewman; that he began sailing about October 1958 and continued in that calling until his last arrival in the United States on August 20, 1961. He testified that a seaman's book was issued in his name by the Hong Kong authorities on April 11, 1961, but that he does not presently have that book in his possession. He further stated that in connection with his last trip he was engaged as a crewman at Hong Kong, was transported by plane to West Germany and took the vessel which brought him to the United States at Hamburg, Germany. The respondent further testified that when he left his native area for Hong Kong he did not intend to return to his village and that he never lived in any place other than China or Hong Kong. He testified that when he was not actually sailing on vessels, he lived with friends in Hong Kong.

Inasmuch as the respondent has failed to designate any country to which he prefers to be deported, deportation may be ordered pursuant to section 243(a), Immigration and Nationality Act, to any country of which the alien is a subject, national, or citizen if such country is willing to accept him into its territory; thereafter deportation may be directed, without necessarily giving any priority or preference because of their order, to a number of alternate places as set forth in subparagraphs (1) to (7) of section 243(a). A primary purpose of this section of the 1952 Act was to increase the number of places or countries to which an alien under a final order of deportation might be sent — a purpose plainly manifested by the language of the Act itself.¹ The statute was in line with the general Congressional policy of facilitating the deportation of aliens.²

It is the contention of c...