523 F.2d 286 (2nd Cir. 1975), 1052, Ojeda-Vinales v. Immigration and Naturalization Service

• Docket Nº: 1052, Docket 74-2634.
• Citation: 523 F.2d 286
• Party Name: Jose Gil OJEDA-VINALES, Petitioner, v. The IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
• Case Date: September 23, 1975
• Court: United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 286

523 F.2d 286 (2nd Cir. 1975)

Jose Gil OJEDA-VINALES, Petitioner,

v.

The IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

No. 1052, Docket 74-2634.

United States Court of Appeals, Second Circuit

September 23, 1975

Submitted Aug. 13, 1975.

Page 287

William H. Oltarsh, New York City, for petitioner.

Paul J. Curran, U. S. Atty. for the Southern District of New York (Thomas H. Belote, Sp. Asst. U. S. Atty., and Naomi Reich Buchwald, Asst. U. S. Atty., of counsel), for respondent.

Before GURFEIN, VAN GRAAFEILAND and MESKILL, Circuit Judges.

PER CURIAM:

This is a petition for review of a final order of deportation entered against Jose Gil Ojeda-Vinales by the Board of Immigration Appeals on November 21, 1974. This court has jurisdiction pursuant to Section 106(a) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a).

Petitioner does not dispute the following facts in the record before the Board, upon which this appeal must be determined pursuant to 8 U.S.C. § 1105a(a)(4). Petitioner entered the United States as a non-immigrant visitor on or about October 24, 1972, authorized to remain until December 31, 1972. In December of 1973 the New York Office of the Immigration and Naturalization Service (I.N.S.) received an anonymous phone call, complaining that an illegal alien, named Jose, was working as a mechanic at a specified address. Two immigration officers began an investigation; upon arriving at the specified location, the officers were told by the garage owner that a person fitting the description in the complaint was in fact employed at the garage.

Petitioner was then summoned by the garage owner, and asked by the officers whether he was "Jose" and whether he was a tourist. Ojeda-Vinales volunteered that he was Jose, a tourist, and of Paraguayan nationality. He did not produce identification or any other form of proof that his employment in the United States was legal. The officers then arrested petitioner, and took him to the I.N.S. office. The I.N.S. immediately instituted deportation proceedings, which ultimately resulted in the final order of deportation now on review. Petitioner's sole contention at all stages of the proceeding has been that his arrest was illegal and that the illegal arrest taints the entire proceeding and requires vacation of the order of deportation.

The arrest was legal under Section 287 of the...