HRONCICH

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  318 of the 41.et, the outstanding order and 'warrant of deportation are withdrawn and the deportation proceedings terminated fox the limited and sole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

                                    193
 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.

                                 194
                                              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.




                                 195