Garay v. Immigration & Naturalization Service

ORDER

SCHWARZER, District Judge.

Plaintiff Jose Bravilio Gaitan Garay brings this action pursuant to 28 U.S.C. § 2201 seeking a declaratory judgment that defendant Immigration and Naturalization Service (INS) abused its discretion in denying Garay permission to reapply for admission into the United States under 8 U.S.C. § 1182(a)(17). The INS now moves for summary judgment.

Facts

Garay, a native and citizen of El Salvador, illegally entered the United States in 1976 in violation of 8 U.S.C. § 1251(a)(2) and, on February 4, 1977, was deported from the United States at government expense. At the…