Fernandez-Gonzalez v. Immigration & Naturalization Serv., No. 14933.
| Court | United States Courts of Appeals. United States Court of Appeals (7th Circuit) |
| Writing for the Court | HASTINGS, , DUFFY, Circuit , and MERCER |
| Citation | 347 F.2d 737 |
| Docket Number | No. 14933. |
| Decision Date | 21 June 1965 |
| Parties | Enrique FERNANDEZ-GONZALEZ, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. |
347 F.2d 737 (1965)
Enrique FERNANDEZ-GONZALEZ, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
No. 14933.
United States Court of Appeals Seventh Circuit.
June 21, 1965.
Joseph B. Gilbert, Chicago, Ill., for petitioner.
Edward V. Hanrahan, U. S. Atty., John Peter Lulinski, John Powers Crowley, Frederick E. McLendon, Jr., Asst. U. S. Attys., Chicago, Ill., for respondent.
Before HASTINGS, Chief Judge, DUFFY, Circuit Judge, and MERCER, District Judge.
HASTINGS, Chief Judge.
This is a petition for review of the order of deportation and denial of voluntary departure entered against petitioner Enrique Fernandez-Gonzalez by the Immigration and Naturalization Service. The matter was heard before a special inquiry officer upon an order to show cause why petitioner should not be deported pursuant to the provisions of Section 241(a) (2) of the Immigration and Nationality Act, 8 U.S.C.A. § 1251 (a) (2), because after he was admitted as a non-immigrant visitor, he remained in the United States for a longer time than permitted.
At the hearing, petitioner admitted that he was subject to deportation on the charge contained in the order and the hearing proceeded on his application for
Petitioner appealed the decision to the Board of Immigration Appeals, which, while conceding that petitioner was statutorily eligible for the discretionary relief of voluntary departure, affirmed the order appealed from as a proper exercise of administrative discretion.
Petitioner is a native and citizen of Mexico, who was admitted to the United States as a nonimmigrant visitor for pleasure on November 14, 1962, authorized to remain in the United States until February 14, 1963. He has remained without authority since that date.
Petitioner has been employed since about the middle of December, 1962, at a meat market, bakery and the Acme Specialties Corporation. He has a wife and six children in Mexico and is supporting them.
There was no evidence introduced at the hearing that he had been arrested in this or any other country or that he had ever been a member of the Communist Party or any of its affiliated organizations.
In December, 1962, petitioner, on the advice of a boy working with him at the meat market where he was employed, wrote to Oscar Rodriguez in Nuevo Laredo, Mexico, asking him what it would cost to fix his papers so that he could stay in the United States permanently. After receiving a reply, he sent $100, his passport and two photographs of himself to Rodriguez. About twelve days later his passport was returned to him with an alien registration card in the name of Francisco Ochoa Cazarez, with his photograph affixed to the back.
Petitioner, in a sworn statement before an officer of the Immigration and Naturalization Service, admitted at the hearing as Government Exhibit No. 2, stated that he wrote Rodriguez he could not use this card because it was not in his name and did not have his correct birth date, but the letter was returned to him. He further stated that prior to receiving the passport he thought it would be legal but that when he saw the card was in another's name he knew it was not good and never used it. He did, however, get a social security number in the name of Francisco Ochoa Cazarez and showed the card on one occasion to a...
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Parcham v. I.N.S., No. 81-1529
...v. INS, 649 F.2d 1145, 1151 (5th Cir.1981); Cuevas-Ortega v. INS, 588 F.2d 1274, 1278 (9th Cir.1979); Fernandez-Gonzalez v. INS, 347 F.2d 737, 740 (7th In a proceeding to consider an application for voluntary departure, the burden of proof rests with the alien to establish that a favorable ......
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Castaneda-Delgado v. Immigration and Naturalization Service, CASTANEDA-DELGADO and S
...279 F.2d 207, 210 (7th Cir. Page 1300 1960), cert. denied, 365 U.S. 860, 81 S.Ct. 828, 5 L.Ed.2d 823 (1961); Fernandez-Gonzalez v. INS, 347 F.2d 737, 740 (7th Cir. 1965); Jarecha v. INS, 417 F.2d 220, 224 (5th Cir. 1969); Aalund v. Marshall,461 F.2d 710, 711 (5th Cir. While the question of ......
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Cuevas-Ortega v. Immigration and Naturalization Service, CUEVAS-ORTEGA and J
...was actually exercised and whether the manner in which it was exercised was arbitrary or capricious. See Fernandez-Gonzalez v. INS, 347 F.2d 737, 740 (7th Cir. The alien has the burden of proof to establish that he is eligible for voluntary departure. Trias-Hernandez v. INS, 528 F.2d 366, 3......
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Padula v. Immigration & Naturalization Serv., Civ. No. H-82-92.
...§ 244.2, it is at least clear that the scope of review is very narrow. Fernandez-Gonzalez v. Immigration and Naturalization Service, 347 F.2d 737 (7th Cir. 1965). Only in the case of a clear showing of abuse of discretion can this court upset the decision of the District Director. Kladis v.......
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Parcham v. I.N.S., No. 81-1529
...v. INS, 649 F.2d 1145, 1151 (5th Cir.1981); Cuevas-Ortega v. INS, 588 F.2d 1274, 1278 (9th Cir.1979); Fernandez-Gonzalez v. INS, 347 F.2d 737, 740 (7th In a proceeding to consider an application for voluntary departure, the burden of proof rests with the alien to establish that a favorable ......
-
Castaneda-Delgado v. Immigration and Naturalization Service, CASTANEDA-DELGADO and S
...279 F.2d 207, 210 (7th Cir. Page 1300 1960), cert. denied, 365 U.S. 860, 81 S.Ct. 828, 5 L.Ed.2d 823 (1961); Fernandez-Gonzalez v. INS, 347 F.2d 737, 740 (7th Cir. 1965); Jarecha v. INS, 417 F.2d 220, 224 (5th Cir. 1969); Aalund v. Marshall,461 F.2d 710, 711 (5th Cir. While the question of ......
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Cuevas-Ortega v. Immigration and Naturalization Service, CUEVAS-ORTEGA and J
...was actually exercised and whether the manner in which it was exercised was arbitrary or capricious. See Fernandez-Gonzalez v. INS, 347 F.2d 737, 740 (7th Cir. The alien has the burden of proof to establish that he is eligible for voluntary departure. Trias-Hernandez v. INS, 528 F.2d 366, 3......
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Padula v. Immigration & Naturalization Serv., Civ. No. H-82-92.
...§ 244.2, it is at least clear that the scope of review is very narrow. Fernandez-Gonzalez v. Immigration and Naturalization Service, 347 F.2d 737 (7th Cir. 1965). Only in the case of a clear showing of abuse of discretion can this court upset the decision of the District Director. Kladis v.......