Victor Manuel Gil v. Albert Del Guercio, as District Director of the Immigration and Naturalization Service at Los Angeles, California

Victor Manuel Gil brought this action to have an order for his deportation declared void, and to enjoin such deportation. The question presented on appeal is whether, under the circumstances of this case, appellant should have been accorded the privilege of voluntary departure in lieu of deportation.

Gil is a native and citizen of Mexico. He entered the United States illegally in the late summer of 1953. He was apprehended three of four months later. On November 21, 1953, he was granted the privilege of voluntary departure in lieu of deportation, and returned to Mexico.

About four days later, Gil again entered the United States illegally. He has been in continuous residence in this country since that time. He was arrested on a warrant issued on January 25, 1955, by the Immigration and Naturalization Service. Brought to the agency office on the following day, Gil declined to make a statement.

On February 24, 1955, a hearing was held before a special inquiry officer of the Immigration and Naturalization Service. At this hearing, as well as prior thereto, Gil’s attorney asked that appellant be permitted the privilege of Voluntary departure in lieu of deportation. When asked, at…