Jorge Americo Ungo v. Charles J. Beechie, District Director, San Francisco District, Immigration Andnaturalization Service

This is a judicial review, pursuant to 8 U.S.C. § 1105a, as amended, of a deportation order against petitioner issued by the Immigration and Naturalization Service. An appeal to the Board of Immigration Appeals was dismissed.

Petitioner Ungo is a native and citizen of the Central American country of El Salvador. He was born June 17, 1930. On September 9,1948, he was first admitted to the United States as a “permanent resident.” A year later he registered under the Selective Service System. He was classified IV-E, a student. He departed for El Salvador in July, 1950, and returned two months later, this time as a non-immigrant student who, in that capacity, was not subject to the Draft Act. However, petitioner claims that he did not know that fact, nor did he know the intricacies of the applicable statute. Notwithstanding his classification IV-E, a student, on his return to the United States in September, 1950, he found awaiting him the notice calling him to serve in the United States Airniy because he was a “permanent resident.” He explained to his draft board that he was a IV-E student. The Selective Service System thereupon “dismissed my issue to serve in the United States…