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HOY v. ROJAS-GUTIERREZ

No. 16105.

267 F.2d 490 (1959)

Richard C. HOY, District Director of Immigration and Naturalization Service, Los Angeles, California, Appellant, v. Arnulfo ROJAS-GUTIERREZ, Appellee.

United States Court of Appeals Ninth Circuit.

April 3, 1959.

Attorney(s) appearing for the Case

Laughlin E. Waters, U. S. Atty., Henry P. Johnson, Richard A. Levine, Asst. U. S. Attys., Los Angeles, Cal., for appellant.

Philip M. Newman, Los Angeles, Cal., for appellee.

Before FEE, BARNES and HAMLIN, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Arnulfo Rojas-Gutierrez was ordered deported to Mexico after a hearing on October 19, 1956. He had been previously convicted in the California state courts on March 11, 1938, November 13, 1945, and April 8, 1949, each time for having had in his possession the flowering tops and leaves of Indian Hemp (Cannabis Sativa Marijuana). These offenses constituted the sole ground for the order.

Previously, he had been subject of deportation...

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