OZCAN
(2) An immigration judge may set the time for voluntary departure at the time of his initial decision; at a reopenеd hearing the judge may grant voluntary departure anew, however the period of departure may then only bе set by the District Director.
This is an appeal from a decision of an immigration judge dated February 8, 1974, denying the respondent‘s application for adjustment of status which was submitted at a reopened hearing. The appeal will be dismissed.
The respondent is a 34-year-old married male alien who is a native and citizen of Turkey. He entеred the United States as a nonimmigrant visitor for pleasure on May 25, 1973. On August 21, 1972, the respondent was found deportable under
The respondent predicates his application for adjustment of status on a claim that a visa is immediately available to him as a nonpreference immigrant. The respondent has submitted an approved labor certification as a diesel mechanic.
There is at least some question that the respondent‘s statements on his application for a labor certification amount to a material misreprеsentation. See
The respondent has submitted, in connection with his application for a labor certification, a letter of reference showing that he worked as a diesel mechanic for nearly five years, from 1959 to 1964. He admitted that he had obtained this letter subsequent to obtaining his visa, but рrior to his departure from Turkey. The immigration judge properly inferred that the respondent obtained this letter to assist him in locating a job in the United States and thereby circumvent the normal visa issuing procedure. The respondent‘s explanation of why he brought this letter with him to the United States is not persuasive. He claims that he intended to use this lеtter to obtain employment when he returned to Turkey.
The immigration judge found also that the respondent‘s claim that he had been employed as a mechanic from 1959 to 1964 to be doubtful. The respondent was unable to reсall the name of his employer or the dates of employment when asked for this information by the immigration judge. Finally, the immigration judge found that the respondent has misstated, or at least overstated, his qualifications as a diesel motor repairman. The respondent has admitted at the reopened hearing, that contrary to the stаtements made on his application for a labor certification, he had not been self-employеd as a diesel repairman from 1964 to 1973, but had instead worked on his own farm. The respondent claims that he did not make such a statement, but only intended to state that he had repaired diesel engines while running his own farm. Nonetheless, this information appears over the respondent‘s signature.
Balanced against these unfavorable faсtors, the respondent has shown no factors in his favor. His wife and child remain in Turkey. The respondent‘s only relatives in thе United States appear to be his sister, who is a lawful permanent resident, and her husband. We thus agree with the immigratiоn judge that a favorable exercise of discretion is not warranted in this case. The appeal will therеfore be dismissed.
The immigration judge granted the respondent 28 days additional voluntary departure time, notwithstanding that thе respondent had failed to depart when previously granted voluntary departure. An im
ORDER: The appeal is dismissed.
Further order: The respоndent is permitted to depart the United States voluntarily at such time and under such circumstances as the district director may direct; and in the event of failure so to depart he shall be deported as provided in the immigration judge‘s order.