Enrique Hames-Herrera v. George K. Rosenberg, District Director, Immigration and Naturalization Service

This is an appeal from a judgment of the district court refusing to set aside an order of the District Director denying a stay of deportation pursuant to 8 C.F.R. § 243.4 and denying an application for a similar stay, made to the district court. The central question is whether appellant is protected from deportation under § 241(f) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (f). We affirm.

FACTS

The basic facts are uncontroverted. Appellant is a citizen of Mexico. In 1953 he was convicted and incarcerated in Illinois for petty theft. In 1954 appellant was arrested and deported for illegal entry. In 1955, following another illegal entry, he was convicted in Oregon for the forgery of a bank check with intent-to defraud. In May 1960 he fraudulently obtained a visa from an American Vice Counsul in Mexico for admission as a visitor, by falsely stating that he had never been deported, arrested or convicted of any crime. The stated purpose of his trip to the United States was to be with his wife. In 1963 he was convicted in the Central District of California for illegal re-entry into the United States after deportation and again deported.

On February 3, 1965, appellant’s…