Miguel Avila-Gallegos v. Immigration and Naturalization Service

VAN GRAAFEILAND, Circuit Judge:

On October 8, 1973, petitioner, a native of Ecuador, entered the United States from Mexico without an immigrant visa or other valid entry document. This is a petition to review an order of the Board of Immigration Appeals that he be deported.

Since petitioner himself testified before the Immigration Judge concerning the illegal manner of his entry, one might well ask, “Why the appeal?” The answer here, as in so many other cases is an alleged violation of petitioner’s constitutional rights. 1 He contends that his arrest was illegal because it was without warrant…