Ponciano Murillo-Aguilera v. George K. Rosenberg, District Director U.S. Immigration and Naturalization Service, at Los Angeles, California

Appellant seeks a writ of habeas corpus discharging him from custody of the District Director of the Immigration and Naturalization Service, who now holds him under final order of deportation. The District Court for the Southern District of California, Central Division, denied the writ and this appeal followed.

Deportation proceedings were initiated against appellant October 7, 1960 by an order to show cause and notice of hearing issued by the Service in Los Angeles, California. It was asserted that appellant was deportable under three separate charges. At the subsequent hearing appellant admitted that he was deportable under the first charge, but denied de-portability under the second and third charges.

At the hearing appellant filed an application for permission to reapply for admission into the United States nunc pro tunc as of March 28, I960. The special inquiry officer denied this application and two subsequent petitions for reconsideration. An appeal to the Board of Immigration Appeals from the second denial of reconsideration was ordered dismissed by the Board.

The only question before us is whether denial by the special inquiry officer of the application for leave to…