Tacettin Say v. Del Guercio

Say, a merchant marine sailor, a citizen of Turkey, under a final order for deportation, but subsequently married to a citizen of the United States, appeals from the District Court’s adverse decision in a declaratory judgment proceeding. The denied judgment he sought was that he was entitled to a'stay of the order for his deportation and to an order reopening his case and modifying an order permitting him, as an alien so married, to go to Mexico to obtain a non-quota immigrant visa 1 to an order that he seek such entry from Canada.

Del Guercio’s answer admits the marriage, the wife’s seeking an order enabling Say to such a non-quota entry status and that his right to seek the non-quota status was granted with permission to leave the United States to secure a visa from the consular office in Mexico. The question here is whether he has shown grounds entitling him to an order changing the country of his non-quota entry from Mexico to Canada.

*717 His complaint below states that on May 11,1955, he went to Chula Vista, California, on the Mexican border, first to enter Tía Juana in Mexico across the line from Chula Vista and obtain from the United States Consulate there the necessary…