Ponciano Murillo-Aguilera v. Immigration and Naturalization Service

This proceeding was commenced in the district court as one to judicially review, and obtain a declaratory judgment concerning, an order entered on October 11, 1961 by the Board of Immigration Appeals (Board). The district court transferred the cause to this court purportedly pursuant to section 5(b) of Public Law 87-301, 75 Stat. 651, 8 U.S.C. § 1105a(a).

The Board order of October 11, 1961 resulted from a deportation proceeding which was instituted against petitioner on October 7, 1960. In the order to show cause by which those proceedings were initiated, it was charged that petitioner was subject to deportation on three charges under section 241(a) (1) of the Immigration and Nationality Act (Act), 8 U.S.C. § 1251 (a) (1). Pursuant to this order a deportation hearing was held on October 14, November 8, and December 21, 1960. At this hearing petitioner filed an application for permission to reapply for admission into the United States after deportation or removal, nunc pro tunc, as of March 28, 1960.

On March 10, 1961, the special inquiry officer before whom the matter was heard rendered his decision denying' the application to reapply for admission and ordering deportation on…