SILVA

Interim Decision #2457 MATTER OF SILVA In Exclusion Proceedings A-18670171 Decided by Board December 4, 1975 Evidence that the wife and children of applicant, a lawful permanent resident, live in Mexico and that applicant visits them does not, by itself, establish that he is a commu- ter. It must be shown that he himself resides in Mexico. In the absence of such a showing, it has not been established that he is a commuter. Hence, applicant's over- night departure to Mexico to visit his family was an innocent, casual and brief excusion within the ambit of Rosenberg v. Heidi, 347 U.S. 449, and…