Filomeno Sotelo Mondragon v. David N. Ilchert, District Director, Immigration and Naturalization Service

Filomeno Sotelo Mondragon appeals from a judgment denying his petition for a writ of habeas corpus. We affirm.

On August 24,1976, the Immigration and Naturalization Service began deportation proceedings against Sotelo, a Mexican alien, for entry without inspection in violation of Section 241(a)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1251 (aX2). An order of deportation was issued on April 27, 1978, requiring that Sotelo depart the United States on May 17, 1978. On May 15, 1978, Sotelo filed his petition for a writ of habeas corpus in the district court. The district court had jurisdiction to review the deportation order under 8 U.S.C. § 1105a(a)(9) and 28 U.S.C. § 2241 . Foti v. I&NS, 1963, 375 U.S. 217 , 84 S.Ct. 306 , 11 L.Ed.2d 281 ; Flores v. I&NS, 9 Cir., 1975, 524 F.2d 627 .

At the deportation hearing, Sotelo admitted that he had entered without inspection, as charged. He claims, however, that the deportation order is nevertheless unlawful because in 1975 the I&NS wrongly prevented him from entering the United States pending an exclusion hearing on a charge of violating Section 212(a)(31) of the Act, 8 U.S.C. § 1182 (a)(31). At that time Sotelo was…