Maria De La Luz Viruette Torres v. Richard C. Hoy, Acting Director, Immigration and Naturalization Service, Los Angeles, California

Appellant, the plaintiff below, brought this action to review an order of the United States Immigration and Naturalization Service that she be deported. Her complaint was based on an alleged insufficiency of evidence to support the order, rendered after deportation hearings held in Los Angeles. Jurisdiction in the lower court was predicated upon 28 U.S.C. § 2201 and 5 U.S.C. § 1009 .

The district court rejected the arguments of the appellant and affirmed the deportation order.

It appears from the record that appellant, an alien, was convicted, under the name of Manuela Aguirre Ramirez, on September 19, 1949, for violation of 8 U.S.C. § 144 (1940 ed.) , i.e., smuggling aliens. Following a suspended sentence she was allowed to depart voluntarily from the United States to Mexico in late 1949.

Following the deportation hearing in 1956, the Hearing Officer found as a fact that appellant had resided almost continuously in the United States from 1943 through 1950. Moreover, prior to November 1, 1950, she had sought entry into the United States and been excluded therefrom.

On November 1, 1950, appellant applied for an immigration visa to the United States, at Tijuana, Mexico. In the…