Antonio Hector Millan-Garcia v. Immigration and Naturalization Service

Petitioner seeks to upset an order of deportation entered against him on April 3, 1964 following hearings before a special inquiry officer of the Immigration and Naturalization Service. Jurisdiction is founded upon 8 U.S.C.A. § 1105a(a), as added, (1961).

We will first review petitioner’s activities relevant to this appeal-from the time of his entry into the United States:

Petitioner is a native of and citizen of the Republic of Mexico who entered this country with his mother about 1949 at San Ysidro, California when he was thirteen years of age. Although Form I-404-A, Certificate of Admission of Alien, executed pursuant to the entry indicates that the purpose in coming and length of intended stay was for “business and pleasure 1 day trips”, petitioner testified at the hearing below that his mother had brought him to the United States for the purpose of residing indefinitely. The special inquiry officer-found that petitioner was not in possession of an immigration visa at that time and that he has never been admitted into the United States as an alien for permanent residence.

Petitioner served two years active duty with the United States Army, from March 28, 1955 to April 1,…