Allan Gordon Armstrong v. Immigration & Naturalization Service

The Board of Immigration Appeals dismissed an appeal of the petitioner from the order of the special inquiry officer directing petitioner’s deportation for violation of Section 241(a)(1) of the Immigration & Naturalization Act, 8 U.S.C. § 1251 (a)(1). The charge lodged against the petitioner under that section was that at the time of entry he was an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card or other valid entry document, and, therefore, was excludable under Section 212(a) (20) of the Immigration & Naturalization Act. Jurisdiction of this court is found in Section 106(a) of the Act, 8 U.S.C. § 1105a(a).

Armstrong is a Canadian national, married to a permanent resident alien, and a partner in two businesses in southern California. In 1968, and again in 1969, he voluntarily departed this country and returned to Canada for brief periods following confrontations with the immigration authorities. After his later return in May of 1969, he was arrested and, after a hearing and appeal to the Board of Immigration Appeals, ordered deported from the United States. In view of his previous voluntary departures and…