Filomeno Sotelo Mondragon v. Immigration and Naturalization Service

Filomeno Sotelo Mondragon, a Mexican alien, appeals the refusal of the Board of Immigration Appeals to reconsider a deportation order. Because this court has previously sustained the deportation order, we find that we are without jurisdiction to review the Board’s action.

On January 25, 1975, Mondragon, a lawful permanent resident of the United States for fourteen years, left this country to visit a relative in Juarez, Mexico. The following day, Mondragon and his relative were apprehended as they attempted to cross the border at El Paso, under circumstances indicating that he was aiding her illegal entry. The Immigration and Naturalization Service prevented Mondragon from reentering the United States pending an exclusion hearing on charges of violating 8 U.S.C. § 1182 (a)(31). Before the completion of the exclusion proceedings, Mondragon reentered the United States without submitting to inspection and returned to his home in California.

In October 1976, an immigration judge found that Mondragon had reentered illegally and ordered him deported, granting voluntary departure. Mondragon unsuccessfully appealed this decision and subsequently moved to reopen, arguing that the Board of…