Lucia Gallegos-Covarrubias, Also Known as Lucila Gallegos-Covarrubias v. Albert Del Guercio

The lower court entered judgment sustaining a final order of deportation of appellant who is an alien of Mexican birth and citizenship. This appeal is from that judgment.

In her complaint, appellant prayed for a judgment declaring the order of deportation to be illegal and void, and without force or effect; and for an order permanently restraining a named defendant official or officials of the Immigration and Naturalization Service of the United States from deporting her under the said final order which was issued on October 26, 1955. Her complaint alleged, inter alia, that she had exhausted all administrative remedies.

Based on the record hereafter noted, she here claims that the order of deportation denied to her due process of law, and violates the Fifth Amendment.

Appellant’s complaint contains the following general averments. She alleged that she entered the United States at San Ysidro, California, in March, 1947, and has been a resident of the United States since said date; that she reads and writes Spanish, but is neither able to speak, read nor write in the English language, Spanish being her native tongue; that she has a good moral character; that she has never been…