Elias Castillo Godoy v. George K. Rosenberg, District Director, Immigration and Naturalization Service

This is a petition to review an order of deportation of the Immigration and Naturalization Service and the order of the Board of Immigration Appeals denying petitioner’s motion to reopen his deportation proceedings. This Court has jurisdiction under Section 106 of the Immigration and Nationality Act, Title 8, United States Code, Section 1105a.

Petitioner is an alien, a native and citizen of Mexico. He entered the United States as a special immigrant on February 5, 1966. In his application for a special immigrant visa he stated that he was married to one Ramona Luna, a citizen of the United States, on October 14, 1965, at Tecate, B. C. Mexico. Petitioner has admitted that such marriage ceremony was entered into solely for the purpose of acquiring a benefit under the Immigration laws, and that he entered the United States for the purpose of performing unskilled labor in the United States.

Section 212(a) (14) of the Immigration and Nationality Act as amended, Title 8, United States Code, Section 1182 (a) (14), requires that a special immigrant who is not a parent, spouse or child of a United States citizen or of an alien lawfully admitted to the United States for permanent…