Santana Navarro-Aispura v. Immigration & Naturalization Service

We consider in this appeal whether an illegal alien who travels temporarily outside the United States with permission from the Immigration and Naturalization Service (INS) loses his right to a deportation hearing upon the subsequent denial of his application for registry filed pursuant to 8 U.S.C. § 1259 . We agree with the district court that under the circumstances of this case the alien was entitled to a deportation hearing. We affirm.

FACTS AND PRIOR PROCEEDINGS

Santana Navarro-Aispura (petitioner) is a fifty-six year old native and citizen of Mexico. He first entered the United States unlawfully in 1957. He concedes that he made numerous trips to and from Mexico since his first entry, always reentering the United States unlawfully. Petitioner was apprehended by INS in 1985. He accepted voluntary departure and was returned to Mexico. Petitioner intended to return to the United States after visiting his family in Mexico. Instead, he contracted tuberculosis in Mexico and did not return until nineteen months later.

In 1988, petitioner applied to INS for a discretionary grant of registry pursuant to 8 U.S.C. § 1259 . The statute provides for amnesty and permanent residency…