Ambrocio Monarrez-Monarrez v. Immigration and Naturalization Service, Raudel Ortega-Morjaro v. Immigration and Naturalization Service

Ortega-Morjaro (“Ortega”) seeks review of an order of the Board of Immi gration Appeals denying his motion to reopen his deportation proceedings. Monarrez-Monarrez (“Monarrez”) petition is procedurally identical to Ortega’s. Ortega surreptitiously entered the United States sometime in 1968 without inspection or authorization. He thereafter fathered a child born in the United States. In 1967, Monarrez entered this country concealed in an automobile trunk. He later married an American citizen. Each was ordered deported under section 241(a)(2) because he entered without inspection.

Both petitions raise the same issue: Is an alien who “entered the United States without inspection” (Immigration and Nationality Act § 241(a)(2), 8 U. S.C. § 1251(a)(2), who was “otherwise admissible at the time of entry [and] who is the spouse, parent, or child of a United States citizen” (Immigration and Nationality Act § 241(f), 8 U.S.C. § 1251 (f) saved from deportation because entry without inspection constitutes “entry into the United States [procured] by fraud or misrepresentation” (id.) within the meaning of section 241 (f)?

Relief under section 241(f) has been extended only to those aliens,…