Juan Gutierrez-Sosa v. Albert Del Guercio, District Director of Immigration and Naturalization, Los Angeles, California

Appellant, Juan Gutierrez-Sosa, is under deportation orders which he does not question. He entered the United States in 1951 without inspection. July 14, 1954, a warrant of arrest was issued by the Immigration and Naturalization Service, Los Angeles, California. Deportation hearings were held on April 8, 1955, and October 31, 1955. At the latter hearing the Special Inquiry Officer held that appellant was subject to deportation and statutorily ineligible for voluntary departure under 8 U.S.C.A. § 1254 (e) because adultery had been committed by appellant during the five year period preceding his application for voluntary departure. Under 8 U.S.C.A. § 1101 (f) (2) such finding of adultery per se precluded a finding of good moral character.

Appellant argues that the District Court in his declaratory judgment action erred in applying 8 U.S.C.A. § 1101 (f) (2) which became effective on December 24, 1952 as part of the Immigration and Nationality Act of 1952. Appellant argues that pre-1952 law should have been applied under which a finding of adultery did not per se preclude a finding of good moral character but allowed the alien to persuade the Attorney General of his good moral…