Henry Gamero, Also Known as Enrique Gamero v. Immigration and Naturalization Service, Los Angeles District, George K. Rosenberg, as District Director

Appellant is an alien who attacks an order of exclusion and deportation issued by a Special Inquiry Officer of the Immigration and Naturalization Service on October 4, 1961. The officer ruled that appellant, as an immigrant not in possession of a valid immigration visa, is an excludable alien under the provisions of section 212(a) (20) of the Immigration and Nationality Act of 1952, 8 U.S.C. 1182(a) (20). On November 20, 1961, the Board of Immigration Appeals dismissed the alien’s appeal from the ruling.

A private congressional bill, H.R. 8298, had been introduced on July 12, 1961. It would have permitted appellant to become a permanent resident of this country. That bill was defeated on July 25,1963.

On January 30, 1964, the Board of Immigration Appeals denied a motion to reopen the exclusion proceedings, filed by appellant about three months after the defeat of his congressional bill. It was in this motion that it was first claimed by appellant that he was a legal and permanent resident of the United States. Thereafter, he filed an action for declaratory judgment in the District Court for the Southern District of California. The action was dismissed, the court holding that…