Concepcion Estrada-Ojeda v. Albert Del Guercio, Officer in Charge, Immigration and Naturalization Service at Los Angeles, California

Plaintiff appeals from a judgment against her in this action to set aside an order for her deportation.

Appellant is a native and citizen of Mexico, who was lawfully admitted into the United States for permanent residence on June 15, 1943. Her last entry occurred on September 15,1951. On May 27, 1952, she was served with a warrant of arrest in deportation proceedings. In the warrant, it was charged that appellant was subject to deportation pursuant to former 8 U.S.C.A., §§ 136 (i) and 155 (a), (now 8 U.S.C.A., §§ 1182 (a) (15) and 1251(a) (1)), in that, at the time of her last entry, she was a person likely to-become a public charge.

There followed a series of hearings before special inquiry officers of the Immi gration and Naturalization Service, with appeals to the Board of Immigration Appeals from the orders entered by such officers. In the last order entered by a special inquiry officer (November 10, 1955), it was determined that appellant was amenable to deportation on the ground stated in the warrant. It was also held that appellant was statutorily ineligible for suspension of the deportation order, or the privilege of voluntary departure (sought under § 19(c) of the…