Eusibio Munoz-Casarez v. Immigration and Naturalization Service

Petitioner is an alien, a native and citizen of Mexico, who was admitted to the United States for permanent residence on June 13, 1956. In July, 1969, he went to Mexico to visit his parents and a sister who was ill, and was absent from this country for about one month. On January 26, 1970, he was convicted in the Superior Court of the County of Ventura, State of California, of the offense, committed on September 14, 1969, of voluntary manslaughter of his former wife, the mother of his four children. On April 18, 1973, an Order to Show Cause and Notice of Hearing was issued, charging that petitioner was subject to deportation pursuant to § 241(a)(4) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(4), which provides:

Following hearing the immigration judge held that petitioner should be deported, and the ruling was upheld by the Board of Immigration Appeals. This petition for review was then filed. The sole question presented is whether petitioner’s return to this country, following his one month absence in 1969, constituted an entry under § 241(a)(4).

Entry is defined in § 101(a)(13) of the Act, 8 U.S.C. § 1101 (a)(13). It means any coming of an alien into…