MAI1hR OF F— 

In DEPORTATION Proceedings 

A-15710815 

Decided by Board June 6, 1961 

Voluntary departure—"immediate means." 

Eligibility requirement in 8 CFR 244.1 that alien have the "immediate means" 

to depart voluntarily is satisfied if facts, in each case considered individually. indicate distinct probability that alien will be able to effectuate voluntary departure within a reasonable period of time. 

CHARGE : 

Order : Act of 1952—Section 241(a) (2) [8 U.S.C. 1251(a) (2) ]—Admitted as 

nonimmigrant under section 101(a) (15)—Remained longer. 

BEFORE THE BOARD 

DISCUSSION; In a decision dated March 10, 1961, the special 

inquiry officer directed that the respondent herein be deported from 

the United States on the charge set forth in the order to show 

cause. He denied the discretionary relief of voluntary departure. 

From that decision the respondent, through his attorney, has appealed to this. Board and has contested the finding by the special 

inquiry officer that the respondent is statutorily ineligible for the 

privilege of voluntary departure. 

The respondent is a 28-year-old unmarried male who first entered 

the United States in 1951 as an apprentice seaman. He last entered 

the United States at New York City on or about July 24, 1959, at 

which time he was admitted as a nonimmigrant crew man authorized 

to remain in the United States for a period not to exceed 29 days. 

He has remained without authority since that time and deportability 

is conceded. 

In considering the eligibility of the respondent for discretionary 

relief, the special inquiry officer concluded that under the pertinent. 

regulations an alien must show that he has the immediate means of 

departing from the Unitea States in order to be considered eligible. 

The special inquiry officer concluded that "immediate means" contemplates not only financial ability but also the present ability to 

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enter some other country. He found that the respondent did not 

possess that ability and that he was, therefore, statutorily ineligible 

for voluntary departure. 

On appeal at oral argument respondent's counsel stated that respondent could not establish his ability to depart• immediately for 

the reason that having left a Yugoslav vessel and being an ex-member 

of the Cummunibt Party he felt that his return to Yugoslavia would 

cause persecution and prosecution and, therefore, he would not voluntarily return to that country. Counsel for the respondent also 

pointed out that respondent, by training, is a highly intelligent 

ship's officer and that he has made contact with a shipping line 

sailing out of Trinidad, British West Indies, which line has indicated that they would give him employment if he can obtain proper 

documentation. Counsel also indicated that she has applied for the 

respondent to go to Trinidad, and it has been her experience that 

obtaining visas for Yugoslav seamen generally takes two months' 

time. 

Counsel for the respondent also stated that the discretionary relief 

of voluntary departure cannot be incorporated in the regulations 

to the extent of the interpretation given it by the special inquiry 

officer. She pointed out that under section 244.1 of Title 8, Code 

of Federal Regulations, the term "immediate means" is a comparatively new term, having been first inserted in the regulations on 

January 23, 1960. 

Counsel for the Immigration Service claims that the respondent's 

argument would mean that deportable aliens have a right to remain 

in the United States in illegal status for an indefinite period of time; 

that such remaining on the part of the crewmen constituted criminal 

offenses. 

This Board has carefully considered the record in this case, together with representations made by counsel and the Service representative on appeal. It is our conclusion that the regulations regarding voluntary departure must be applied in the light of the 

facts of each individual case. We find that the facts here indicate 

distinct probability that the respondent will be able to effectuate 

voluntary departure within a reasonable period of time. Here we 

consider as important the fact that respondent and his counsel are 

making substantial efforts to depart to some country other than 

Yugoslavia. We deem it only proper that a sufficient and reasonable 

time be allotted respondent to conclude his arrangements. Accordingly, the following order will be entered. 

ORDER: It is ordered that the outstanding order of deportation 

be withdrawn and the alien bo permitted to depart from the United 

States voluntarily without expense to the Government, to any country 

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of his choice, within such period of time, and under such conditions 

as the officer-in-charge of the District deems appropriate. 

It is further ordered that if the alien does not depart from the 

United States in accordance with the foregoing the order of deportation be reinstated and executed. 

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