entry without the appropriate documents (sec. 13 (a) (1), act of 1924); as an alien who has been convicted of the crime of sending threatening letters through the United States mails (sec. 3, act of 1917); and as an alien who both admits the commission of and has been convicted of theft by a bailee (sec. 3, act of 1917).

Appellant's wife died in 1935 and all his children are grown, with one daughter residing in Mexico. His family, especially one daughter in this country with whom he lived previously, has expressed a wish to make a home for appellant if he is allowed to stay here. Aside from intermittent arrests for drunkenness, appeallant has had a clear record since the 1943 conviction. The independent character investigation, conducted by the Immigration Service, revealed no evidence considered derogatory.

A determination of whether discretionary action should be taken in a particular case requires that all the circumstances involved must be considered. Admittedly, appellant's two criminal convictions are the chief unfavorable factors in the record, but these occurred 8 and 19 years ago.

Notwithstanding these unfavorable facts, we feel that the record tends to show that the appellant has lived a generally quiet, lawabiding existence in recent years and has not shown himself to be a disturbing influence in his community. We feel that all the circumstances involved in the instant case tend to indicate that appellant certainly is not a criminal in the popular sense of the term and has adequately succeeded in a conscientious effort at rehabilitation during the past 8 years, since his conviction for theft.

While a character investigation revealed that appellant has been arrested for drunkenness several times in recent years, this infraction is not considered serious enough to disturb a favorable determination. Furthermore, the controlling factor in the present case is appellant's long residence in the United States of 41 years, which would render any adjustment to a new environment difficult at the age of 60.

Hence, we conclude that appellant should not be required to make this adjustment, even though he has no one in this country financially dependent upon him. Also, it would seem unduly harsh to rob appellant of the care and companionship which his United States resident children have offered him.

Therefore, we will direct an advance exercise of the 7th proviso to section 3, act of 1917, and authorize appellant's prompt admission, (Matter of V I—, A—3328982 (March 31, 1949; 17 L. W. 2465)). Order: It is ordered that when the alien applies for admission to the United States, he be admitted under the 7th proviso to section 3 of the Immigration Act of 1917, if otherwise admissible than as one who has been convicted of and admits the commission of crimes involving

moral turpitude, to wit: Sending threatening letters through the United States mails, committed between May 25 and May 30, 1932; and theft by bailee, committed prior to June 1, 1943, subject to revocation in the discretion of the Attorney General, after hearing, if the alien hereafter commits any crime.

Editor's note.-Mailing threatening communication with intent to extort in violation of 18 U. S. C. 338a (a) was held to be an offense involving moral turpitude; likewise as to mailing an extortion letter in violation of 18 U. S. C. 876 (unreported Matter of K—, A-3300262, B. I A., May 18, 1951). It is to be noted that in 2, I. & N. Dec. 196, 18 U. S. C. 338a (b) was involved.

IN THE MATTER OF A

In EXCLUSION Proceedings

A-7941759

Decided by Central Office August 14, 1951

"Subversive"-Exclusion ground-Section 5, act of October 16, 1918, as amended by section 22 of the Internal Security Act of 1950-Mere subscription to an official news organ of a proscribed organization.

A mere subscription to the Canadian Tribune, the official organ of the Labor Progressive Party of Canada, does not, of itself, establish a ground of inadmissibility comprehended within the provisions of the act of October 16, 1918, as amended by the Internal Security Act of 1950. EXCLUDED BY BOARD OF SPECIAL INQUIRY:

Act of 1918, as amended-Subscribe to Canadian Tribune.

BEFORE THE CENTRAL OFFICE

Discussion: The applicant, native of Poland, naturalized citizen of Canada, 28 years old, male, resident of Montreal, Canada, applied for admission to the United States as a temporary visitor on January 23, 1951. Inspection was deferred and on February 20, 1951, the applicant was notified that he had been temporarily excluded from the United States under section 5 of the Immigration Act of October 16, 1918, as amended by section 22 of the Internal Security Act of 1950. Thereafter it was ordered that a hearing be held before a board of special inquiry to determine the applicant's admissibility into the United States. At the conclusion of the hearing held April 9, 1951, the applicant was found to be inadmissible to the United States on the ground stated above and the case comes forward on appeal from the excluding decision.

The finding of inadmissibility was predicated upon the applicant's admitted subscription to the Canadian Tribune. The applicant admitted that about 1946 he had paid a dollar for a year's subscription to the Canadian Tribune. The applicant stated that he knows now that the Canadian Tribune is the official organ of the Labor Progressive Party of Canada, and that he knew that the publication had to do with communism, but asserted that he did not know whether the publication was really Communist or not. The applicant stated

he continued to receive the Canadian Tribune for perhaps as long as 9 months, but that he has not received it since 1947 or 1948. He denied membership in the Labor Progressive Party or the Communist Party, and disclaimed any interest in Communist or totalitarian philosophy or ideology. He denies voting for any Communist Party member.

It is quite apparent that the sole reason for the finding of inadmissibility by the board of special inquiry rests upon the applicant's admitted subscription to the Canadian Tribune. It is not believed that a mere subscription to a newspaper can be said to constitute a donation to a proscribed organization so as to constitute affiliation as that term is defined in the act of October 16, 1918, as amended by the Internal Security Act of 1950. It is to be recognized that a mere subscription is involved in this case, and not a donation to the Canadian Tribune fighting fund or to the Canadian Tribune financial fund, the latter of which might be construed as affiliation with the Canadian Tribune Publishing Co. It is noted that the nature of the Canadian Tribune Publishing Co. has not been established by evidence in the record; however, it is not deemed necessary to establish the nature of that organization.

Upon a full consideration of all the evidence, it is concluded that a mere subscription to the Canadian Tribune does not establish a ground of inadmissibility comprehended within the provisions of the act of October 16, 1918, as amended by the Internal Security Act of 1950. Accordingly, the appeal will be sustained.

Order: It is ordered that the appeal be sustained.

IN THE MATTER OF E

In EXCLUSION Proceedings

A-7038509

Decided by Board August 16, 1951

"Draft dodger"-Ground of exclusion-Section 3 of the Immigration Act of 1917, as amended-Alien departing from the United States for the primary purpose of escaping United States Military Service-Evidence.

The interpretation, that section 401 (j) of the Nationality Act of 1940, as amended September 27, 1944, should not operate to expatriate a citizen unless the evidence clearly shows that the citizen remained outside the United States for the primary purpose of escaping United States Military Service, should be followed in the case of an alien said to have departed from the United States for that purpose and therefore excludable on seeking to return, under section 3 of the Immigration Act of 1917, as amended September 27, 1944. EXCLUDED BY BOARD OF SPECIAL INQUIRY:

Act of 1917, as amended-Departed from the United States to escape
Military Service.

BEFORE THE BOARD

Discussion: This is an appeal from an order entered by the Acting Assistant Commissioner July 3, 1951, affirming appellant's exclusion at the port of Detroit, Mich., on January 17, 1951, on the grounds stated above. The appellant's exceptions to the order are stated in a letter directed to this Board under date of July 17, 1951.

The appellant is a native and citizen of Canada, male, 21 years of age, who originally entered the United States at the age of 4 years with his mother at Niagara Falls, N. Y., in 1934. The entry was not a lawful admission for permanent residence. He resided in the United States from 1934 to November 1, 1950, when he returned to Canada to reside.

The board of special inquiry has found the applicant inadmissible to the United States under the provisions of section 3 of the Immigration Act of 1917, as amended, in that he departed from the United States to escape military service. The appellant repeatedly testified during the hearing that the purpose of his going to Canada on November 1, 1950, was because he desired to join the Canadian Merchant