Eugenio Loza-Bedoya v. Immigration and Naturalization Service

This matter comes before the Court upon Petition For Review of an Order of Deportation filed by petitioner EUGENIO LOZA-BEDOYA seeking to challenge a decision of the Board of Immigration Appeals denying his Motion To Reopen Deportation Proceedings. Jurisdiction is vested in this Court pursuant to Section 106(a) of the Immigration and Nationality Act [8 U.S.C. § 1105a(a)]. Giova v. Rosenberg, 379 U.S. 18 , 85 S.Ct. 156 , 13 L.Ed.2d 90 (1964).

Petitioner is a native and citizen of Mexico who first entered the United States, unlawfully, in 1944. Since that first entry petitioner has been deported upon several occasions. In spite of these deportations petitioner has maintained almost continuous residence, having contracted marriage to a United States citizen and fathered three native born United States citizen children.

Petitioner has never been admitted for permanent residence in the United States, although he has entered this country on five separate occasions without inspection. Petitioner was last deported from the United States on March 8, 1962. His last entry into the United States occurred May 3, 1963.

On January 8, 1964, an Order To Show Cause And Notice Of Hearing was…