Jose Bustos-Ovalle v. H. R. Landon, as District Director of Immigration and Naturalization at Los Angeles, California

A petition for judicial review of certain administrative proceedings was filed on January 21, 1953, in the District Court against H. R. Landon, described as District Director of Immigration and Naturalization at Los Angeles, California. This was countered by a motion to dismiss on grounds of lack of jurisdiction of the subject matter and failure to state a claim upon which relief could be granted.

The petition contained allegations which may be summarized: Bustos-Ov-alle is a native and citizen of Mexico, who was arrested in California upon the ground that he had illegally entered this country in view of the fact that he had suffered an attack of insanity prior to his last entry. Upon a hearing appellee rendered, “Hearing Officers Recommended Decision,” wherein were proposed “Findings of Fact,” proposed “Conclusions of Law” and “Recommended Order” on November 14, 1950.

Upon administrative appeal, the Commissioner of Immigration approved and adopted the findings and conclusions as to deportability. Because of circumstances of hardship, the Commissioner ruled:

and also:

The petition also alleges that there was a formal prayer to the Board of Immigration Appeals to reopen the…