Pedro Diaz-Montero v. Herbert Brownell, Attorney General of the United States

Diaz-Montero appeals from a judgment dismissing his petition seeking under the Declaratory Judgment Act, 28 U.S.C. § 2201 a judgment “suspending his deportation from the United States, or in the alternative, requiring the ap-pellee to suspend appellant’s deportation, or accord him a further hearing upon the same”.

In substance the allegations of the petition are as follows.

Diaz-Montero, an unmarried man and a citizen of Mexico, was legally admitted to the United States on June 29, 1943, as an agricultural contract laborer and has since that time resided here continuously. In August of 1951, he was ordered deported by the immigration service at Seattle, Washington, because of the fact that he had admitted having committed adultery with an American citizen. He thereupon appealed to the Attorney General for suspension of deportation under U.S.C.A., Title 8, Sec. 155(c) which provides inter alia for suspension of deportation of an alien of good moral character who has resided continuously in the United States for seven years or more. Upon Diaz-Montero’s appeal to the Board of Immigration Appeals, the Board found specifically that he was a person of good moral character and had…