In the Matter of the Petition of Jesus Flores and Maria Gamboa Flores v. United States Immigration and Naturalization Service

This is an appeal from the district court’s judgment and order granting appellees’ petition for habeas corpus relief.

The appellees, Jesus Flores and Maria Gamboa Flores, are natives and citizens of Mexico who were illegally smuggled into the United States. They have been found deportable as they were excludable under 8 U.S.C. § 1251 (a)(1) at the time of entry since they did not possess immigrant visas as required by 8 U.S.C. § 1182 (a)(10). Deportation orders were entered against appellees on May 3, 1973. However, the deportation orders were not effective if appellees voluntarily departed from this country by August 3,1973. The Flores subsequently applied for extension of their voluntary departure date until such time as their pending visa applications could be acted upon. Their applications were denied without specific reasons except for the insertion of the words, “Children 4 Illegal” at the bottom of the application. However, appellees were granted an extension of the voluntary departure date until August 12, 1973. The habeas corpus action, now under review, was instituted on August 3. The district court granted the relief requested on September 28, 1973, finding…