Carlos Marcello v. Immigration and Naturalization Service

In 1963 Petitioner Marcello filed a motion to reopen a 1961 deportation proceeding which the Immigration and Naturalization Service denied. On December 9, 1970, petitioner filed a second motion to reopen, the denial of which is here under review. The Immigration and Naturalization Service on both occasions held that petitioner was premature in his petitions to reopen the case. The Immigration and Naturalization Service reached this conclusion by considering that the petitioner had been validly deported to Guatemala in 1961 and had thus not then resided within the United States for ten years.

Pe…