Elias Favela v. United States Immigration and Naturalization Service

Petitioner, a Mexican, was admitted into the United States as a permanent resident on March 26, 1962. On March 19, 1967, a man was found hidden in petitioner’s car when he attempted to enter the United States at San Ysidro, California. On April 11, 1967, he was served with a notice of a hearing before a Special Inquiry Officer for knowingly and for gain attempting to aid, assist and abet another alien to enter the United States in violation of law. 8 U.S.C. § 1182 (a) (31). The notice advised petitioner of a later hearing date and that, at such hearing, he would be entitled to be represented by counsel. On May 2, 1967, at the hearing, the petitioner was present and represented by counsel. The Special Inquiry Officer found petitioner excludable under the provisions of § 1182, supra. Petitioner did not appeal the decision to the Board of Immigration Appeals and was excluded. Later, on May 12, 1967, he re-entered the United States, presenting only his passport. Subsequently, an order to show cause and a notice of hearing was issued charging that petitioner was deportable under the provisions of 8 U.S.C. § 1251 (a) (1), for the reason that he was excludable under 8 U.S.C. § 1182 (a)…