Jovita Rubio De Cachu v. Immigration & Naturalization Service

Cachu seeks to overturn an Order of the Board of Immigration Appeals. Our jurisdiction is founded on 8 U.S.C. § 1105a (1970). The Board’s Order dismissed an appeal from the decision of an immigration judge finding Cachu deportable pursuant to section 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(2) (1970) (entry without inspection).

Cachu, a citizen of Mexico, came to the United States in 1973 and remained until August of 1974. In August, 1974, Cachu returned to Mexico for a short period, after which she reentered the United States on September 4, 1974. She has remained in the United States since that time. On June 24,1974, a child was born to Cachu and her husband in Los Angeles, California. On February 21, 1976, another child was born to the couple in Pomona, California. A deportation hearing was conducted on October 22,1976, at which hearing Cachu admitted entering the country without inspection. She declined, however, on constitutional grounds, to concede deportability. Cachu’s husband was under a final Order of deportation at the time of this hearing. The immigration judge refused to consider the constitutional issues and found Cachu deportable;…