Legal Opinion
James Edward Kelly v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided June 20, 1965No. 19340_1PublishedCited by 29 opinions
1Opinion of the Court
BARNES, Circuit Judge:
This is a petition to review an order of deportation affirmed by the Board of Immigration Appeals. We have jurisdiction pursuant to § 1105a of Title 8, United States Code.
The sole issue here involved is whether petitioner has “at any time * * * been convicted” within the contemplation of 8 U.S.C. § 1251(a) (11),1 after conviction and sentence by the courts of the State of California for violating § 11531 of the Health and Safety Code (possession or sale of marihuana), when a so-called “expungement” of the conviction has taken place under § 1203.4 of the California Penal…
2Cases cited5 opinions
- Giova v. RosenbergSupreme Court of the United States · 1964
- Maria Garcia-Gonzales v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1965
- A-FBoard of Immigration Appeals · 1959
- Samuel Murillo Gutierrez v. Immigration and Naturalization Service at Los AngelesCourt of Appeals for the Ninth Circuit · 1963
- Jesus Arellano-Flores v. George K. Rosenberg, District Director of ImmigrationCourt of Appeals for the Ninth Circuit · 1962
3Cited by29 opinions
- Octavio Mestre Morera v. United States Immigration and Naturalization ServiceCourt of Appeals for the First Circuit · 1972
- Santos Gonzalez De Lara v. United States of AmericaCourt of Appeals for the Fifth Circuit · 1971
- Maximilliano De La Cruz-Martinez, Also Known as Max Cruz, Max De La Cruz v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1969
- Donald Thomas Burr v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1965
- SEDABoard of Immigration Appeals · 1980
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