Gudelia Barragan-Sanchez v. George K. Rosenberg, District Director, Immigration and Naturalization Service

Petitioner seeks review of a final order of deportation issued against her pursuant to the provisions of 8 U.S.C. § 1251 (a)(2).

FACTS

Petitioner, a native and citizen of Mexico, initially entered the United States in California in November, 1963, as a non-immigrant. She was admitted for 72 hours only. Since that date she has remained in the United States continuously except for two departures to Mexico, one on February 2, 1968, and the other on April 3, 1970. Each departure followed apprehension by immigration service officials, who permitted petitioner to depart in lieu of deportation. After the first departure, petitioner returned to the United States within twenty-four hours and on the second departure returned within one week. On each of her entries after departure, she was inspected and admitted by the immigration officials upon her presentation of a border crossing identification card, which she possessed on departure. Petitioner claims that each of her departures were made with the intent of returning to the United States to resume her residence. Her thirteen year old daughter remained in the United States on the occasion of the second absence.

On March 17, 1971, an…