Victor Manuel Gil v. Albert Del Guercio, as District Director of the Immigration and Naturalization Service at Los Angeles, California

HAMLEY, Circuit Judge.

Victor Manuel Gil brought this action to have an order for his deportation declared void, and to enjoin such deportation. The question presented on appeal is whether, under the circumstances of this case, appellant should have been accorded the privilege of voluntary departure in lieu of deportation.

Gil is a native and citizen of Mexico. He entered the United States illegally in the late summer of 1953. He was apprehended three of four months later. On November 21, 1953, he was granted the privilege of voluntary departure in lieu of deportation, and returned to Mexico.

Abo…