Victor Gameros-Hernandez v. Immigration & Naturalization Service

Victor Gameros-Hernandez petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s (“IJ’s”) decision finding him deportable for entering the United States without inspection in violation of 8 U.S.C. § 1251 (a)(2) (1982). We conclude that the evidence was insufficient to support a finding of illegal entry and therefore reverse.

I.

Gameros-Hernandez is a 40-year-old native and citizen of Mexico who was admitted to the United States as a lawful permanent resident on March 11, 1975. His wife, Ester, has been a lawful permanent resident since 1969. The couple has four children, three of whom are United States citizens. Since 1979, Gameros-Hernandez has been employed as a machinist for Walbar, Inc., a manufacturer of aircraft parts located in Tempe, Arizona.

The government’s claim that Gameros-Hernandez entered the United States unlawfully is based upon an incident that occurred on January 1, 1984. In the early morning on that date, a sensor located on the United States-Mexico border was activated, indicating that an illegal entry had possibly taken place approximately one-quarter mile east of the port of entry at Douglas, Arizona.…