Victor Manuel Pena-Urrutia v. Immigration and Naturalization Service

OVERVIEW

Pena-Urrutia (Pena) petitions for review of a deportation decision. The thrust of his challenge is that the Immigration & Naturalization Service (INS) proceeded under the wrong sections of the Immigration and Naturalization Act (Act). We affirm.

FACTS

On 2 July 1976, Pena-Urrutia executed the following affidavit:

On 12 January 1977, the INS charged that Pena was deportable because excludable at the time of entry [§ 241(a)(1) of the Act, 8 U.S.C. § 1251 (a)(1)] as an alien who was not in possession of a valid unexpired immigrant visa [§ 212(a)(20) of the Act, 8 U.S.C. § 1182 (a)(20)] and as an alien seeking to enter for the purpose of performing skilled or unskilled labor without the requisite labor certificate [§ 212(a)(14) of the Act, 8 U.S.C. § 1182 (a)(14)]. The INS alleged:

At the deportation hearing, Pena’s counsel admitted the eight factual allegations and stipulated with the INS that Pena’s visa had never been revoked by the Department of State and that no revocation proceedings had been instituted by any consular officer. There was no objection to Pena’s affidavit.

The Immigration Judge (IJ) ruled that Pena was deportable as charged, and rejected the…