Pimental-Navarro

Pimental-Navarro v. Guercio

Good Law
256 F.2d 877
United States Court of Appeals for the Ninth CircuitJune 12, 1958No. 15745California1,015 words

Opinion

Lead Opinion

Hamley, J.

Jose Pimental-Navarro was ordered deported for having knowingly and for gain assisted, aided, and abetted an alien to enter the United States illegally. Proceeding under the Administrative Procedure Act ( 5 U.S.C.A. §§ 1001 , 1009) and the Declaratory Judgment Act (28 U.S. C.A. § 2201), he instituted this action to obtain a review of that order. Judgment was entered for defendants, and plaintiff appeals.

It is conceded that the act charged is a specified ground for deportation. See 8 U.S.C.A. § 1251 (a) (13), quoted in the margin. 1 Appellant contends, *879 however, that his return to the United ■States on March 4,1954, following a visit of a few hours in Mexico (on which occasion the deportable act was found to have ■occurred) did not constitute an “entry,” within the meaning of the quoted statute, and that his last prior statutory “entry” occurred more than five years previously.

The term “entry” is defined in •8 U.S.C.A. § 1101(a) (13) - 2 A return from a foreign port or place following even a brief excursion is an “entry,” within the meaning of this definition. Resurreccion-Talavera v. Barber, 9 Cir., 231 F.2d 524 ; Schoeps v. Carmichael, 9 Cir., 177 F.2d 391, 396 .

It is…

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