Victor Becerra Monje and Pedro Becerra Pozos v. United States Immigration and Naturalization Service

Petitioners,'minor son and father, respectively, in the order set out in the caption, appeal directly to this court from separate final orders of deportation entered by the Board of Immigration Appeals after proceedings provided for by Section 242(b) of the Immigration and Nationality Act ( 8 U.S.C. § 1252 (b)), hereinafter referred to as the Act. We have jurisdiction pursuant to Section 106 of the Act (8 U.S.C. § 1105a) to entertain such a direct review of final orders of deportation. Foti v. Immigration and Naturalization Service, 375 U.S. 217 , 84 S.Ct. 306 , 11 L.Ed.2d 281 (1963).

The past history of the case, as documented in the administrative record before us, fairly reflects the following situation :

Both petitioners are aliens, being native-born citizens of the Republic of Mexico. The adult petitioner, Pedro Becerra (hereinafter “Pedro”), is an agricultural worker. Prior to December, 1965, he resided in Mexico with his wife, also a Mexican citizen, and six children, including the minor petitioner, Victor Becerra (hereinafter “Victor”).

On December 27, 1965, Pedro made application for entry to the United States as a spouse of a United States citizen. He presented to the…