Jose Chabolla-Delgado v. Immigration and Naturalization Service

Ninth Circuit

Jose Chabolla-Delgado v. Immigration and Naturalization Service

384 F.2d 360

CourtCourt of Appeals for the Ninth Circuit

DecidedOctober 16, 1967

Docket21676_1

StatusPublished

Cited by7 cases

This text of 384 F.2d 360 (Jose Chabolla-Delgado v. Immigration and Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jose Chabolla-Delgado v. Immigration and Naturalization Service, 384 F.2d 360 (9th Cir. 1967).

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Opinion

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 him guilty of the charged offense, the state court had suspended sentence and placed him on probation. We have consistently held to the contrary. Gutierrez v. I.N.S., 323 F.2d 593 (9th Cir.1963), cert. denied 377 U.S. 910, 84 S.Ct. 1171, 12 L.Ed.2d 179 (1964); Wood v. Hoy, 266 F.2d 825 (9th Cir.1959); Arrellano-Flores v. Hoy, 262 F.2d 667 (9th Cir.1958), cert. denied, 362 U.S. 921, 80 S.Ct. 673, 4 L.Ed.2d 740 (1960). See also Kelly v. I.N.S., 349 F.2d 473 (9th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344 (1965); Garcia-Gonzales v. I.N.S., 344 F.2d 804 (9th Cir.), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965).

Petitioner contends that deportation under the circumstances of this case constitutes cruel and unusual punishment. Deportation is not punishment within the meaning of the Eighth Amendment, Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 57 L.Ed. 978 (1913), and is civil, not criminal, in nature. Woodby v. I.N.S., 385 U.S. 276, 285, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966); Harisiades v. Shaughnessy, 342 U.S. 580, 594, 72 S.Ct. 512, 96 L.Ed. 586 (1952).

The order of deportation is affirmed.

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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 him guilty of the charged offense, the state court had suspended sentence and placed him on probation. We have consistently held to the contrary. Gutierrez v. I.N.S., 323 F.2d 593 (9th Cir.1963), cert. denied 377 U.S. 910, 84 S.Ct. 1171, 12 L.Ed.2d 179 (1964); Wood v. Hoy, 266 F.2d 825 (9th Cir.1959); Arrellano-Flores v. Hoy, 262 F.2d 667 (9th Cir.1958), cert. denied, 362 U.S. 921, 80 S.Ct. 673, 4 L.Ed.2d 740 (1960). See also Kelly v. I.N.S., 349 F.2d 473 (9th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344 (1965); Garcia-Gonzales v. I.N.S., 344 F.2d 804 (9th Cir.), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965).

Petitioner contends that deportation under the circumstances of this case constitutes cruel and unusual punishment. Deportation is not punishment within the meaning of the Eighth Amendment, Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 57 L.Ed. 978 (1913), and is civil, not criminal, in nature. Woodby v. I.N.S., 385 U.S. 276, 285, 87 S.Ct. 483, 17 L.Ed.2d 362 (1966); Harisiades v. Shaughnessy, 342 U.S. 580, 594, 72 S.Ct. 512, 96 L.Ed. 586 (1952).

The order of deportation is affirmed.

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