Interim. Decision #1473 

MASTER or Hnozgolou 

. In Deportation Proceedings 

A-8196259 

Deckled by Board December 26, 1961 and March 6, 1962 

(1) Action on the motion for termination of the proceedings to enable -respondent to apply Yor naturalization will be held in abeyaneo pending a preliminary determination by the Service of eligibility for naturalization. 

(2) Since respondent has been found eligible for naturalization under section 

829, Immigration and Nationality Act, except for the bar contained in section 

318 of the 41.et, the outstanding order and 'warrant of deportation are withdrawn and the deportation proceedings terminated fox the limited and sole 

purpose of permitting him to proceed with the dual hearing on his petition 

for naturalization. ' - 

CHANGE: 

Warrant: Act of 1924—No immigrant visa. 

'BEFORE THE BOARD 

This case comes forward. pursuant to counsel's motion submitted at 

the New York office of the Service on November 9, 1961, requesting 

the withdrawal of the 'outstanding order and warrant of deportation 

and further requesting -that the pioceeditigs be reopened. to permit 

the respondent an opportunity to petition' for naturalization pursuant to the provisions of section 329 of the Immigration and Nationality Act, as amended. Counsel asserted that a petition for naturalization was filed with the District Director at New York, New 

York but action thereon was deferred. inasmuch as section 318 of 

the Act bars naturalization if there is outstanding a final finding 

of deportability in a deportation. proceeding. 

The respondent, a 30-year-old male, native and, citizen of Yugoslavia, has resided. continuously in the United States since last entering at New York, New York on or about September 1, 1950 as 

a nonimmigrant crewman, it which time it his intention to seek 

employment and remain permanently in this country. "Upon conclusion of the deportation hearing held at New York, New York on 

Noveinber 1, 1951, the hearing officer found the respondent subject 

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Interim Decision #1473 

to deportation on the charge designated above and directed that he 

be deported from the United States pursuant to law on the charge 

stated in the warrant of arrest. The Assistant Commissioner, Adjudications Division, in a decision dated April 2, 1952 granted the 

respondent permission to depart voluntarily from the United States, 

in lieu of deportation and directed that if he failed to depart when 

and as required he be deported pursuant to law on the charge stated 

in the warrant of arrest. 

Counsel in support of his motion submitted a self-explanatory 

affidavit subscribed and sworn to by the respondent and a photostatic 

copy of a certificate showing that he was separated from the armed 

forces of the United States on July 16, 1954 and was honorably discharged therefrom on July 1, 1960. 

The Service representative on motion asserted that counsel's motion is premature inasmuch as the respondent's petition for naturalization is now being considered and processed by the New York office 

of the Service for the purpose of determining whether or not the 

Service is disposed to recommend to the court that the petition be 

granted. Counsel and the Service representative in oral argument 

admitted they had no objection to having action on the instant motion held in abeyance pending the outcome of the interlocutory proceedings by the New York, New York office of the Service on the 

'respondent's petition for naturalization under section 329 of the 

' Immigration and Nationality Act. Accordingly, the following order 

will be entered. 

ORDER: It is ordered that action on the motion be held in abeyance pending the outcome of the preliminary, proceedings on the 

alien's petition for naturalization under section 329 of the Immigration and Nationality Act. 

BEFORE THE BOARD 

This case comes forward pursuant to the respondent's motion requesting the withdrawal of the outstanding order and warrant of 

deportation and further requesting that the proceedings be reopened 

to permit the respondent an opportunity to petition for naturalization pursuant 'to the provisions of section 329 of the Immigration 

and Nationality Act, as amended. The respondent, a 32-year-old 

male, native and citizen of•Yugoslavia, has had continuous residence 

in the United States since his last admission at New York, New 

York on or about September 1, 1950 as a nonimmigrant crewman. 

Deportability has been established under the Immigration Act of 

1924, as amended, no immigrant visa. 

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Interim Decision #1473 

According to information available in the file the respondent 

filed a petition for naturalization and has been found. eligible therefor under the provisions of section 329 of the Immigration and 

Nationality Act. When this case was last before this Board on 

December 26, 1961,•we directed that action on the motion be held in 

abeyance pending the outcome of the preliminary proceedings on 

the alien's petition for naturalization under section 329 of the Immigration and Nationality Act. According to information available 

in the file the Service has found the respondent eligible for naturalization under the provisions of section 329 of the Immigration and 

Nationality Act. Tho Service has indicated that they will make a 

favorable recommendation to the court if this Board terminates the 

deportation proceedings. 

After carefully 'considering all the evidence of record, it is our 

considered. opinion that the respondent should be afforded an opportunity to prosecute his petition for naturalization pending in the 

United States District Court, Eastern District, Brooklyn, New York. 

In the event the respondent's petition for naturalization is denied, 

the existing record will constitute a record for deportation. purposes. 

ORDER: It is ordered that the motion be granted. 

It is further ordered that the outstanding order and warrant of 

deportation be withdrawn and the deportation proceeding terminated for the limited and sole purpose of permitting the alien to 

proceed with the final hearing on his petition for naturalization 

under section 329 of the Immigration and Nationality Act, presently pending in the United States District Court, Eastern District, 

Brooklyn, New York. 

It is further orderi3d in the event the alien's naturalization is denied, the order and warrant of deportation be reinstated and executed. 

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