Gilberto Rodriguez-Gonzalez, Jose Luz Aquiando-Cortez v. Immigration and Naturalization Service

Petitioners, five citizens of Mexico, seek review of an order of the Board of Immigration Appeals finding them deportable. We affirm.

I. FACTS

Petitioners were interrogated in February and March of 1978 at their workplace, Vogue Coach Corp., by the Immigration and Naturalization Service. Immediately after interrogation, the INS arrested them for entry into the United States without inspection. See 8 U.S.C. § 1251 (a)(2) (1976). On May 2, 1978, the petitioners, with their attorney, appeared at a joint deportation hearing. At the hearing, their attorney admitted that petitioners had entered without inspection but denied their deportability. In support of the denial, the attorney made an offer of proof that Vogue and the INS had agreed to interrogate, arrest, and commence deportation proceedings against petitioners in retaliation for the petitioners’ union activities. The attorney accordingly argued that petitioners should not be deported because deportation would violate public policy. In addition, he contended that petitioners should not be deported because 1) they were unreasonably arrested in violation of their Fourth Amendment rights and 2) their arrest constituted a violation…