HERNANDEZ-VALENSUELA v. ROSENBERG

No. 17637.

304 F.2d 639 (1962)

Carlos Efren HERNANDEZ-VALENSUELA, Petitioner, v. George K. ROSENBERG, as District Director, Immigration and Naturalization Service, Respondent.

United States Court of Appeals Ninth Circuit.

June 13, 1962.


Attorney(s) appearing for the Case

John S. Rhoades, San Diego, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Donald A. Fareed and Frederick M. Brosio, Jr., Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before MERRILL and DUNIWAY, Circuit Judges, and TAVARES, District Judge.


MERRILL, Circuit Judge.

This case presents the question whether the conviction of a person for a narcotics offense which is followed by sentence under the Youth Offenders' Act is final for purposes of deportation under the Immigration and Nationality Act. We hold that it is.

On March 21, 1960, petitioner entered a plea of guilty in the United States District Court for the Southern District of California, Southern Division, for illegally importing narcotics...

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