Daphne Rayne Mahone, Nee Daphne Rayne Winslow v. Immigration and Naturalization Service

Before ELY and WALLACE, Circuit Judges, and THOMPSON, District Judge.

This is a petition for review of the order of the Immigration and Naturalization Service finding that petitioner Daphne R. Mahone was deportable under Section 241(a)(1) of the Immigration and Nationality Act. 8 U.S.C. § 1251 (a)(1). Petitioner is alleged to have been excludable at the time of entry pursuant to Section 212(a) (20) of the Immigration and Nationality Act, 8 U.S.C. § 1182 (a) (20), in that she was an immigrant not in possession of a valid, unexpired immigrant visa. Jurisdiction is conferred upon this court by virtue of Section 106 of the Immigration and Nationality Act. 8 U.S.C. § 1105a. That section allows this court to review all final orders of deportation.

FACTS

Petitioner Mahone is a Canadian native who has spent a great deal of her life in the United States. At one point in her immigration proceedings she claimed to be an American citizen, however, all efforts by the petitioner to prove her place of birth were unsuccessful and no documentary evidence has been submitted by petitioner to sustain her claim to United States citizenship.

Petitioner contends that she does not remember…