Luis Enrique Cubillos-Gonzalez v. Immigration and Naturalization Service, Los Angeles, California

Here, we are concerned with a Petition for Review of a final order of deportation. The Petitioner, a native citizen of Colombia, gained entry to the United States under the authority of a nonimmigrant visa. The authorized visitation period expired and was extended until May 10, 1963. Forty-five days thereafter, the alien filed an application in which he requested that his status of nonimmigrant visitor be changed to that of permanent resident. Immigration and Nationality Act, § 245, 8 U.S.C. § 1255 . The application was denied, the special inquiry officer presenting his reason as follows:

The Petitioner vigorously urges that there was an abuse of discretion in the denial of his application. We do not agree. The record contains substantial evidence from which it can reasonably be inferred that at the time of his entry into this country, the Petitioner harbored the preconceived intent to remain permanently. We cannot disturb the finding unless we can see that the hearing officer acted capriciously, arbitrarily, or abusively in the exercise of his discretion. Murillo-Aguilera v. Rosenberg, 351 F.2d 289 (9th Cir. 1965); Ocon v. Guercio, 237 F.2d 177 (9th Cir. 1956). Here, there is…