Augustin Noverola-Bolaina v. Immigration and Naturalization Service

This case arises on a petition to review an order of the Board of Immigration Appeals (hereafter the “Board”), directing the deportation of petitioner to Mexico. The order further withdrew and overruled a contrary order by a Special Inquiry Officer (hereafter “Inquiry Officer”), of the Immigration and Naturalization Service (hereafter the “Service”).

This court has jurisdiction by virtue of Section 106(a) of the Immigration and Nationality Act, 75 Stat. 651 , 8 U.S.C. Sec. 1105a(a), (hereafter the “Act”).

Question Presented

The case presents one major question, viz, the scope of the Board’s review of findings of an Inquiry Officer and particularly, whether the Board may make independent findings of fact on such a review.

The Proceedings Below

Deportation proceedings were commenced against petitioner, a citizen of Mexico, on the charge that he knowingly and for gain assisted four aliens to enter the United States illegally on May 10, 1964, in violation of Section 241(a) (13) of the Act, 8 U.S.C. Sec. 1251 (a) (13).

After a hearing, the Inquiry Officer on October 29, 1965, found and concluded, that petitioner’s testimony merited credence; that the Service’s evidence relating…