Pedro Velasquez Espinosa v. Immigration and Naturalization Service

This is a petition to review the Board of Immigration Appeals’ denial of pe-tioner’s Motion to Reopen and Reconsider his deportation case. The question before us is limited to whether the Board of Immigration Appeals (hereafter the Board) abused its discretion in denying the motion.

Petitioner is an alien, a native and citizen of Mexico. He entered the United States as an immigrant on October 5, 1922, and then on September 13, 1944, departed to Mexico in order to evade training or service in the Armed Forces of the United States. On May 12, 1960, petitioner executed an application for an immigrant visa, wherein he knowingly and falsely stated that he had never departed from or remained outside the United States to evade military service in time of war or national emergency. As a result of that application petitioner was issued an immigrant visa and admitted into the United States on September 6, 1960.

On October 2, 1963, following an Order to Show Cause, Notice and Hearing, petitioner was ordered deported from the United States pursuant to Section 241 (a) (1) of the Immigration and Nationality Act, as amended (hereafter the Act), 66 Stat. 163 (1952), 8 U.S.C. § 1251 (a) (1), in…