Francisco Valenzuela Jiminez v. District Director, United States Immigration and Naturalization Service
Opinion
Opinion
Jiminez is a native and citizen of the Philippines who entered the United States on March 8, 1969, as a non-immigrant in transit for a temporary period. He was authorized to remain in this country only until July 26, 1969. When he overstayed his authorization, deportation proceedings were initiated, and the inquiry officer ordered Jiminez deported. On appeal, the Board of Immigration Appeals affirmed the order of the inquiry officer.
In this petition for review, Jiminez asserts that the inquiry officer abused his discretion in denying Jiminez’s motion to terminate the deportation proceedings in order that he might file a petition for naturalization pursuant to 8 U.S.C. § 1440 (a). Jiminez claims to be qualified for naturalization under this section through his service in the United States Navy. The inquiry officer believed that Jiminez was ineligible for naturalization under the statute because his enlistment took place outside the United States. Jiminez maintains that he enlisted aboard a United States vessel berthed in a foreign port and that such an enlistment does take place “in the United States” within the meaning of section 1440(a).