United States ex rel. Marcello v. District Director of the Immigration & Naturalization Service

OPINION AND ORDER

JACK M. GORDON, District Judge.

This is a petition for Habeas Corpus review of a January 20, 1976, decision by the *1200Board of Immigration Appeals (“Board”), denying to the petitioner, Carlos Marcello, relief from a 1961 order of deportation in the form of suspension of deportation. The Board denied relief for the reasons, first, that petitioner was statutorily ineligible for failure to show good moral character in the ten years preceding application, and second, that alternatively the Board would deny relief as a matter of discretion. Since petitioner is presently under an order…