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CHABOLLA-DELGADO v. IMMIGRATION AND NATURALIZATION SERVICE

No. 21676.

384 F.2d 360 (1967)

Jose CHABOLLA-DELGADO, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals Ninth Circuit.

October 16, 1967.

Attorney(s) appearing for the Case

David C. Marcus, Los Angeles, Cal., for petitioner.

William M. Byrne, Jr., U. S. Atty., Herbert M. Schoenberg, Asst. U. S. Atty. (argued), Los Angeles, Cal., Ramsey Clark, Atty. Gen. of U. S., Washington, D. C., Steve Suffin, Atty., I.N.S., San Francisco, Cal., Joseph Sureck, Regional Counsel, I.N.S., San Pedro, Cal., for respondent.

Before MERRILL and ELY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

Petitioner seeks review of an order of deportation affirmed by the Board of Immigration Appeals. He was found subject to deportation under § 241(a) (11) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a) (11), in that he had been convicted of a violation of § 11530 of the California Health and Safety Code, relating to the illicit possession of marijuana.

Petitioner contends that he was not "convicted" since, after finding...

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