Julian Munoz-Santana v. U.S. Immigration and Naturalization Service

FARRIS, Circuit Judge:

I. INTRODUCTION

Aliens who have been deported are excluded from reentry into the United States unless the Attorney General consents. 8 U.S.C. § 1182(a)(17). To obtain such consent, an alien must file an application for “Permission to Reapply for Admission into the United States Following Deportation,” commonly referred to as an “1-212.” Munoz’s 1-212 was rejected by the INS District Director and Regional Commissioner. He then filed a declaratory judgment action in federal district court alleging that the INS’s denial of his application so departed from the established…