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PADILLA-PARTIDA v. IMMIGRATION & NATURALIZATION SERV.

No. 71-2831.

462 F.2d 619 (1972)

Daniel PADILLA-PARTIDA, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 10, 1972.

Attorney(s) appearing for the Case

George Haverstick (argued), San Diego, Cal., for petitioner.

Joseph Surreck (argued), San Pedro, Cal., Stephen Suffin, San Francisco, Cal., Henry E. Peterson, Asst. Atty. Gen., Crim. Div., Washington, D. C., Harry D. Steward, U. S. Atty., Robert H. Filsinger, Asst. U. S. Atty., San Diego, Cal., George K. Rosenberg, Dist. Dir., I.N.S., Los Angeles, Cal., for respondent.

Before BARNES and TRASK, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

Appellant asks us to reverse the well-established law of this Circuit, which has considered the plain and clear provisions of Sec. 212(a) (23) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1182(a) (23).

This Congressional enactment makes any alien excludable "who has been convicted of a violation of . . . any law or regulation relating to the illicit possession of or traffic in narcotic drugs or marijuana. . . ."

We decline to reverse...

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