In re Nunez

In my opinion, the deportation of this alien Mexican woman at this time would be violative of due process of law and contrary to the public policy of the United States as declared in decisions of the Supreme Court. See Pierce v. Society of Sisters, 268 U.S. 510, 534 , 45 S.Ct. 571 , 69 L.Ed. 1070 , 39 A.L.R. 468 ; Meyer v. Nebraska, 262 U.S. 390, 399 , 43 S.Ct. 625 , 67 L.Ed. 1042 , 29 A.L.R. 1446 .

The file record of the immigration service shows that the alien lawfully entered the United States with her mother when about 12 years of age. She is now approximately 28, and has been a continuous resident of the United States since her said first entry. She lawfully married at Los Angeles, Cal., on July 20, 1924, and there were four children born of such marriage, three of whom are now living with their mother, the alien, in this country. Until her husband’s fatal illness in 1931, the family was sufficiently supported by him, but since 1932 the alien and her children have been necessarily maintained at public expense. She has been ill during much of the time since her husband’s death, and she is now an arrested tubercular and is otherwise in need of medical and surgical attention,…