MATITS OF K— 

In DEPORTATION Proceedings 

A-8272691 

Decided by Board June 14,1961 

Pardon—By United States High Commissioner for Germany—Construed as 

executive pardon within section 241(b) of 1952 act. 

General amnesty and pardon proclaimed by former United States High Commissioner for Germany relating to convictions and sentences imposed by 

United States Military Government Courts prior to January 1, 1950, held 

within intendment of section 241(b) of the 1952 Act and effective as an 

executive pardon to alleviate consequences of deportation. 

DEPORTABLE: Act of 1952—Section 241(a) (1) —Excludable at time of entry as 

one convicted of crime under section 3 of the Act of Feb. 5, 

1917, to wit, abortion. • 

BEFORE THE BOARD 

DISCUSSION: Respondent's motion is before us urging withdrawal of an order providing for her deportation under section 

241(a) (1) of the Immigration and Nationality Act (8 U.S.C. 

1251(a) (1)) and termination of the proceedings. No exceptions 

have been taken by the Immigration and Naturalization Service. 

The respondent, a native of the Soviet Union, now stateless, female, 

married, 62 years of age, last entered the United States as a displaced person for permanent residence in 1952. A warrant providing 

for the alien's deportation, dated September 10, 1954, is outstanding. Deportability is predicated upon the respondent's conviction 

in the United States Military District Court for the Eighth Judicial 

District, Munich, Bavaria, Germany, on January 14, 1949, for the 

crime of abortion in violation of paragraphs 218 and 47 of the 

German Criminal Code. The respondent was sentenced to pay a fine 

of 1,000 Deutsche marks (about $200). The crime, committed on 

November 16, 1048, does involve moral turpitude. 

Title 22 of the Code of Federal Regulations, section 42.91(a) (9) 

(vii), provides in substance that an alien shall not be considered 

ineligible to receive a visa under section 212(a) (9) of the Immigration and Nationality Act (8 U.S.C. 1182(a) (9)) by reason of a 

conviction of a crime involving moral turpitude for which a full and 

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nconditional pardon has been granted by the President of the 

Tnited States, by the Governor of a State, or by the former High 

commissioner for Germany 1The above-mentioned section was 

Lmended to include the former High Commissioner for Germany 

mbsequent to our denial on August 12, 1955, of respondent's motion 

Similar to the one now before us. 

The issue presented by respondent's motion is whether section 241 

(b) of the Immigration and Nationality Act (8 U.S.C. 1251(b)) may 

be interpreted as including within its provisions, a general amnesty 

and pardon granted by the United States High Commissioner for 

Germany. Section 241(b), supra, by its express terms provides a 

waiver of the criminal charge set forth in section 241(a) (4) of the 

Immigration and Nationality Act (8 U.S.C. 1251(a) (4)) "in the 

case of any alien who has subsequent to such conviction been granted 

a full and unconditional pardon by the President of the United 

States or by the Governor of any of the several States." 

The limiting provisions of section 241(b), supra, were designed by 

Congress to eliminate the effectiveness of a legislative pardon (Matter of R—, 5-612 (B.I.A., 1954) ). Notwithstanding the fact that 

Congress has manifested an express intention to grant exemption 

from deportation only to those aliens who have obtained an executive pardon as distinguished from a legislative pardon, there are 

instances in which the supreme e.ei:tttive power to pardon is not 

vested in the Governor of a State or the President of the United 

States. 

Prior to statehood, the substantive law of the Territory of Hawaii 

vested such power in the Territorial Governor appointed by the 

President of the United States.' The supreme pardoning authority 

in the State of Georgia is the State Board of Pardons and not the 

Goverrior.3Chapter 16, Article II, section 316, of the Revised 

Statutes of Nebraska, 1943, designates the mayor of a first-class city 

in Nebraska as the supreme pardoning authority in the case of a 

conviction under a city ordinance of his municipality. We have held 

that unconditional pardons granted by the Territorial Governor of 

Hawaii, the Georgia State Board of Pardons, and the Mayor of 

Scottsbluff, Nebraska, are effective pardons within the meaning of 

1 Regulations promulgated by the Secretary of State are controlling with 

respect to an alien's eligibility to receive a visa (8 11.8.C. 1104). They do 

not control in matters concerned with the deportation or occlusion of an alien. 

Regulations implementing these provisions of the immigration lows are the responsibility of the Attorney General (8 U.S.C. 1103(a)). 

248 U.S.C. 531; 48 U.S.C. 1453. 

s Constitution, State of Georgia, as amended in 1043 and ratified in 1945: 

Title 5, sec. 1, par. XI. Sce also Georgia Code, Annotated, sec. 2-3011. 

337 

054377-63-2Z; 
section 241(b) of the Immigration and Nationality Act.' We were 

of the opinion that such pardons are "executive" pardons and, therefore, comply with the express intention of Congress. 

The respondent herein was convicted at Munich, Bavaria, Germany, in January of 1949. Following the unconditional surrender 

of the German High Command on May 7 and 8, 1945; the United 

States, by formal declaration on June 5, 1945, assumed supreme authority over that portion of Germany which includes Munich. During the period June 5, 1945, until the effective date of the Occupation 

Statute, September 21, 1949, the supreme authority in the United 

,States Zone of Occupation was exercised by the Military Governor 

and Commander-in-Chief of the United States Zone of Germany.' 

Upon termination of the Military Government of the United States 

Zone of Germany the supreme authority of the United States Zone 

was vested in the United States High Commissioner for Germany by 

Executive Order No. 10062, dated June 6, 1949. (See Federal Register, Vol. 14, No. 108, at p. 2965, June 7, 1949.) Executive Order 

No. 10062 proclaims, inter alia, "The United States High Commissioner for Germany . . . shall be the supreme United States authority 

in Germany." The Charter of the Allied High Commission for 

Germany provides in Chapter V, par. 2 (g), inter alia, that the United 

States High Commissioner "shall be responsible to his government 

.. (for) . . . control of the care and treatment in German prisons 

of persons charged before or sentenced by the courts or tribunals 

of the occupation authorities (Military Government), over the 

carrying out of sentences imposed on them and over questions of 

amnesty, pardons or release in relation to them." 5 

Pursuant to the aforestated authority, the former High Commissioner for Germany, on January. 6, 1955, proclaimed a general 

amnesty and pardon for all persons convicted prior to January 1, 

1950, of offenses other than "war crimes" in a United States Military Government Court for Germany, provided the sentence imposed 

for such offense consisted of a term of imprisonment not exceeding 

six months or -a fine not exceeding 1,000 Deutsche marks. The respondent's conviction comes within this proclamation of the United 

States High Commissioner for Germany. 

4 Matter of T—, E-050477, 6-214, E.T.A., July 19, 1954 (unconditional pardon 

granted by the Governor of Hawaii) ; Matter of D—, 7-476, B.I.A., May 28, 

1957 (unconditional pardon granted by the Georgia Board of Pardons) ; Matter 

of C—R--, 8-59, B.I.A., June 25, 195 (unconditional pardon granted by the 

Mayor of Scottsbluff, Nebraska, in the case of a conviction under a city ordinance 

of his mivaicipality). 

See, ,History of the Allied High Commission for Germany, Chapter 1, ResearclA3 roJect No. 107—December 1950—published by the Historical Division, 

Otnue of the Executive Secretary, U.S. High Commissioner for Germany, 1951. 

TOxt of the Charter of the Allied High Commission for Germany is found in 

Pp. 108 through 116. 

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We conclude, therefore, that Executive Order No. 10062 and the 

Charter of the Allied High Commission for Germany 6 designates 

the United States High Commissioner for Germany as the supreme 

pardoning authority for convictions and sentences imposed by the 

United States Military District Court for the Eighth Judicial District while that court was under the control of the Military Government of the United States for Germany. The amnesty here under 

consideration is an unconditional executive pardon within the meaning of section 241 (b) of the Immigration and Nationality Act. Upon 

reconsideration we find that the respondent is not deportable under 

section 241(a) (1) of the Immigration and Nationality Act (8 U.S.C. 

1251(a) (1) ), as an alien excludable at the time of entry under 

section 3 of the Act of February 5, 1917 (now 8 U.S.C. 1182(a) (9)). 

An appropriate order terminating the proceedings will be entered. 

ORDER: It is ordered that the warrant and order of deportation 

dated September 10, 1954, be and the same are hereby withdrawn. 

Proceedings under the warrant of arrest dated March 23, 1953, are 

hereby terminated. 

Executed by representatives of the United States Government at Paris, 

France, on June 16, 1949. 

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