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CALLIOPE MINACA PILAVAKIS

JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. J. L. McMILLAN, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany S. 808]

The Committee on Immigration and Naturalization, to whom was referred the bill (S. 808) for the relief of Calliope Minaca Pilavakis, having considered the same, report it back to the House without amendment, and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to cancel any order of deportation or warrant of arrest on the ground of unlawful residence in the United States. It would also legalize the entry of the alien for permanent residence.

GENERAL INFORMATION

Congressman Hart appeared on behalf of Senator Smathers who introduced this bill, and explained to the committee the facts in connection therewith.

It appears that the alien arrived with a visitor's visa and remained and married a resident of the United States, and they have two American-born children.

The records of the Department were also presented to the committee, showing that the facts were as stated.

Ás the report of the Senate committee fully sets out the facts, it is made a part of this report.

The committee, after due consideration, reported the bill favorably.

[S. Rept. No. 188, 76th Cong., 1st sess.]

The Committee on Immigration, to whom was referred the bill (S. 808) for the relief of Calliope Minaca Pilavakis, having considered the same, report it back to the Senate without amendment and recommend that the bill do pass.

From the information furnished your committee the records show that the alien, Calliope Minaca Pilavakis, a native and citizen of Italy, of the Greek race, applied for admission at the port of New York on February 7, 1936, but was excluded as a quota immigrant not in possession of a quota immigration visa However, she was admitted, on appeal by the Department of Labor, for a temporary period of 3 months, upon the filing of a $500 departure bond.

At the time of her arrival the subject of this bill testified that she was coming to visit an uncle at 712 West One Hundred and Eightieth Street, New York City, who paid her passage to the United States. Her parents are residing abroad, but she testified that they are old and unable to care for her. Although she stated at the time of her arrival that she was not engaged to be married, it nevertheless appears that within a short time after her temporary admission she was married to one Xenophon Pilavakis, an alien, native of Greece, who although illegally residing in the United States, is not subject to deportation by reason of the fact that he last entered the United States as a deserting seaman on June 26, 1921. As a result of this marriage there are two American-born children. Under date of November 23, 1938, the Department granted Mrs. Pilavakis until on or before June 3, 1939, within which to effect her departure from this country. Your committee after thoroughly considering the facts as presented, recommend that the bill be favorably reported.

DEPARTMENT of Labor,

IMMIGRATION And NaturalizATION SERVICE,
Washington, February 14, 1959.

Hon. RICHARD B. RUSSELL, Jr.,
Chairman, Senate Committee on Immigration,

United States Senate, Washington, D. C.

MY DEAR SENATOR RUSSELL: I have your letter of January 28 enclosing for comment by this office a copy of Senate bill 808, introduced by Senator Smathers, for the relief of the alien, Calliope Minaca Pilavakis.

The above-named alien, a native and citizen of Italy, of the Greek race, applied for admission at the port of New York on February 7, 1936, but was excluded as a quota immigrant not in possession of a quota immigration visa. However, she was admitted on appeal by the Department for a temporary period of 3 months upon the filing of a $500 departure bond.

At the time of her arrival the subject of this letter testified that she was coming to visit an uncle at 712 West One Hundred and Eightieth Street, New York City, who paid her passage to the United States. Her parents are residing abroad, but she testified that they are old and unable to care for her. Although she stated at the time of her arrival that she was not engaged to be married, it nevertheless appears that within a short time after her temporary admission she was married to one Xenophon Pilavakis, an alien, native of Greece, who, although illegally residing in the United States, is not subject to deportation by reason of the fact that he last entered the United States as a deserting seaman on June 26, 1921. As a result of this marriage there are two American-born children.

Under date of November 23, 1938, the Department granted Mrs. Pilavakis until on or before June 3, 1939, within which to effect her departure from this country. The case is submitted without recommendation.

Please return the enclosed file when it shall have served its purpose.

Cordially yours,

JAMES L. HOUGHTELING, Commissioner.

O

KONSTANTINOS DIONYSIOU ANTIOHOS (OR GUS PAPPAS)

JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. John L. McMillan, from the Committee on Immigration and Naturalization submitted the following

REPORT

[To accompany S. 1538]

The Committee on Immigration and Naturalization, to whom was referred the bill (S. 1538) for the relief of Konstantinos Dionysiou Antiohos or Gus Pappas, having considered the same, report it back to the House without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to cancel the warrant of arrest and order of deportation and to record the entry of the alien as having been lawful and for permanent residence.

GENERAL INFORMATION

Congressman Sparkman appeared before the committee and made a statement of facts and urged the favorable report.

A representative of the Department of Labor was also present, who produced the records of the Department for examination by the committee.

The facts presented, and upon which this report is based, are taken from the statements of those appearing before the committee, and the report made by the Senate in favorably reporting the bill, and are briefly as follows:

The records show that Pappas, a native of Greece, last entered the United States at San Ysidro, Calif., about July 6, 1924, at which time he had no visa as required by law. He previously had entered the United States in 1913 with an uncle. He claims to have remained in this country until 1919, when he departed for his native country. Pappas was made the subject of deportation proceedings, and on August 9, 1935, a warrant issued for his deportation to Greece, on

H. Repts., 76–1, vol. 5—66

the ground that he was in the United States in violation of the act of 1924, in that at the time of his last entry he was not in possession of an unexpired immigration visa.

Subsequently his deportation was stayed pending the outcome of remedial legislation by Congress. This action was taken by reason of the fact that Pappas had been in the United States for 10 years. However, when such legislation failed of passage, his case was again considered by the Department, and on September 7, 1938, it was directed that the warrant of deportation be withdrawn and Pappas permitted to depart to any country of his choice.

Evidence was given the committee which shows that this man bears a good reputation in the community wherein he resides; he has a restaurant business in North Birmingham which he values at $4,500; and also is the owner of real estate in Birmingham, Ala., which he values at approximately $8,000. He has been in the restaurant business for some 14 years.

The Department of Labor interposes no objections to passage of the bill.

Congressman Sparkman stated that the alien was held in esteem by those who came in contact with him in a business way and that he had numerous endorsements from men in public office that he had never been arrested. The letters of recommendation include the postmaster, president of the city commission, president of the county commission, the commissioner of the city of Birmingham, and a probate judge and circuit court clerk, and numerous others.

The committee after considering the statements made, the records of the Department, the numerous endorsements, and the report of the Senate Committee, reported the bill favorably.

1st Session

MRS. PACIOS PIJUAN

No. 1107

JULY 12, 1939.-Committed to the Committee of the Whole House and ordered to be printed

Mr. J. L. MCMILLAN, from the Committee on Immigration and Naturalization, submitted the following

REPORT

[To accompany S. 1654]

The Committee on Immigration and Naturalization, to whom was referred the bill (S. 1654) for the relief of Mrs. Pacios Pijuan, having considered the same, report it back to the House with amendment and recommend that the bill as amended do pass.

The committee amended the bill, as follows:

In line 8, after the word "gained", insert a period and strike out the words "and that she shall hereafter be deemed to have been lawfully admitted to the United States for permanent residence.", and in lieu thereof, insert the following:

This act shall not be deemed to create a record of the admission of the said alien, Mrs. Pijuan, for immigration or naturalization purposes. The said Mrs. Pijuan shall not hereafter be subject to deportation for the same cause or causes upon which the warrant of deportation was issued.

PURPOSE OF THE BILL

The purpose of the bill as amended is to permit the alien to remain in the United States, but does not confer the right of applying for citizenship and provides that she shall not be deported for the same cause or causes upon which the warrant of deportation was issued.

GENERAL INFORMATION

A representative of the Department of Labor appeared before the committee and explained the facts in the case.

There also was before the committee a report of the Committee on Immigration of the Senate, which report sets out the facts fully, and is, therefore, made a part of this report and attached hereto.

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