Francisco Espinoza Ojeda v. United States Immigration and Naturalization Service

Petitioner was deported from the United States to Mexico on December 30, 1968 as the result of the findings filed on March 14, 1968 by a Special Inquiry Officer of the Immigration and Naturalization Service. (C.T. 14-28) An appeal taken to the Board of Immigration Appeals was dismissed on August 22, 1968. (C.T. 3) Petitioner filed this appeal on December 30, 1968 under section 106 of the Immigration and Nationality Act, 8 U.S.C. 1105a (a). We affirm.

(a) History of the Case

Petitioner was issued an Immigrant Visa on January 9, 1967 and was admitted to the United States on January 12, 1967 at San Ysidro, California. The sole basis for the issuance of the visa was his representation to the American Consular Officer at Tijuana, Mexico of his marriage to an American citizen, Maria Elena Encinas. (C.T. 217) As a spouse of an American citizen, he was entitled to enter the country without a certificate from the Secretary of Labor as otherwise required by Section 212 (a) (14) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (a) (14).

On May 19, 1967, an Order to Show Cause and Notice of Hearing was issued by the Department of Immigration and Naturalization. (C.T. 202) It…