Gonzalez-Cuevas v. Immigration and Naturalization Service

Citation515 F.2d 1222
Decision Date18 July 1975
Docket Number75-2206,GONZALEZ-CUEVAS and A,Nos. 74-3213,s. 74-3213
PartiesLazaromelia Valerio de Gonzalez, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent, Lazaromelia Valerio de Gonzalez, Petitioners, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent. Summary Calendar. *
CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)

Sam Williamson, Houston, Tex., for petitioners in both cases.

William B. Saxbe, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Anthony J. P. Farris, U. S. Atty., Houston, Tex., for respondent in 74-3213.

Troy A. Adams, Jr., Director, Immig. & Nat., New Orleans, La., John L. Murphy, Chief Gov. Reg. Sec., Rex Young, Atty., Crim. Div., Washington, D. C., for respondent in both cases.

Edward H. Levi, Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Edward B. McDonough, Jr., U. S. Atty., Helen M. Eversberg, Asst. U. S. Atty., Houston, Tex., District Director, Immig. & Nat. Ser., Los Fresnos, Tex., for respondent in 75-2206.

Petitions for Review of a Deportation Order by Immigration and Naturalization Service (Texas Case).

Before WISDOM, BELL and CLARK, Circuit Judges.

PER CURIAM:

Petitioners seek review of an order of deportation entered against them January 24, 1974 pursuant to Section 241(a)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a)(2) for having remained in the United States longer than permitted. Gonzalez-Cuevas entered the United States in June 1967 and his wife entered in August 1968. Both were admitted as non-immigrant visitors for pleasure for a period of time not to exceed seventy-two hours. On June 21, 1973 both petitioners were granted the privilege of voluntary departure without issuance of a show cause order. They did not depart and deportation proceedings resulted. Petitioners, represented at the deportation hearing by counsel of their choice, admitted deportability and applied for voluntary departure pursuant to 8 U.S.C. § 1254. Petitioners are the parents of nine children, two of whom were born in the United States. Gonzalez-Cuevas is gainfully employed in this country. Neither petitioner has been arrested or convicted of any offense here or in Mexico, the country of their citizenship.

The immigration judge found petitioners deportable and granted their request for voluntary departure in lieu of deportation. The immigration judge further granted the total length of time requested by counsel for petitioners on the ground that hardship to their children who were then in school warranted a longer period for voluntary departure than that requested by the government. The decision of the immigration judge was appealed to the Board of Immigration Appeals. That board dismissed the appeal on May 31, 1974. The appeal to this court in No. 74-3213 ensued with the request that this court remand the cause to develop a record which would support the deferral of the order of deportation until such time as petitioners could mature a priority position for the issuance of immigrant visas. The basis of this request was an allegation of violation to the rights of petitioners' citizen children. During the pendency of this initial appeal, it was made known to this court that petitioners had filed a motion to reopen with the Board of Immigration Appeals. We deferred the present proceedings pending the board's action on that request. The board refused to reopen. Petitioners' appeal in No. 75-2206 is from that latest refusal. We have consolidated the two proceedings here sua sponte and, since no further issue is now pending before the board, we proceed to decide both appeals.

In Perdido v. I.N.S., 420 F.2d 1179 (5th Cir. 1969), we rejected the argument that deportation of parents of a citizen child deprives the child of a constitutional right. In Aalund v....

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33 cases
  • Nayak v. Vance, Civ. A. No. 78-856.
    • United States
    • U.S. District Court — District of South Carolina
    • 13 Septiembre 1978
    ...(2d Cir. 1974); Cervantes v. Immigration and Naturalization Service, 510 F.2d 89 (10th Cir. 1975); Gonzalez-Cuevas v. Immigration and Naturalization Service, 515 F.2d 1222 (5th Cir. 1975). No contrary cases have been cited to us and we have found none. Indeed a contrary holding would open a......
  • Martinez v. Bell
    • United States
    • U.S. District Court — Southern District of New York
    • 3 Mayo 1979
    ...such action may result in the de facto departure of the child. Acosta v. Gaffney, 558 F.2d 1153 (3d Cir. 1977); Gonzales-Cuevas v. I. N. S., 515 F.2d 1222 (5th Cir. 1975); Cervantes v. I. N. S., 510 F.2d 89 (10th Cir. 1975); Perdido v. I. N. S., 420 F.2d 1179 (5th Cir. 1969); Faustino v. I.......
  • Coleman v. U.S.
    • United States
    • U.S. District Court — Northern District of Illinois
    • 29 Septiembre 2006
    ...interest in preventing an alien's exclusion and deportation. Oforji, 354 F.3d at 617-18;9 Gonzalez-Cuevas v. Immigration & Naturalization Serv., 515 F.2d 1222, 1224 (5th Cir.1975) (alien parents "who illegally remained in the United States for the occasion of the birth of their citizen chil......
  • Schleiffer v. Meyers
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 18 Marzo 1981
    ...nations if reasonable notice and opportunity to be heard were given to all affected persons.8 Gonzalez Cuevas v. Immigration and Naturalization Service, 515 F.2d 1222, 1224 (5th Cir. 1975); Cervantes v. Immigration and Naturalization Service, 510 F.2d 89, 91-92 (10th Cir. 1975); Enciso-Card......
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