Antonio Luis Pereira-Diaz v. Immigration and Naturalization Service

Antonio Luis Pereira-Diaz petitions this court under 8 U.S.C. § 1105a for review of a final order of deportation on the grounds that, first, the administrative finding of deportability based on immigrant status is not supported by substantial evidence, second, lack of procedural due process resulted in denial of a fair hearing and, third, denial of relief under Section 243(h) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1253 (h), constituted an abuse of discretion.

In accordance with the following opinion, the deportation order is affirmed and the appeal is dismissed.

I.

Petitioner, a 42-year-old native and citizen of Portugal, entered the United States in January, 1974, without obtaining an admission stamp indicating place and date of entry on his passport. See 8 C.F.R. § 235.4 . Previously, on November 23, 1970, petitioner had entered the United States and was authorized to remain until February 23, 1971. On March 10, 1971, petitioner was ordered to show cause why he should not be deported for having overstayed his authority. He was released on bail but failed to return for the hearing and his bond was forfeited. It was subsequently determined that petitioner had…