Edmundo Rodriguez-Romero v. Immigration & Naturalization Service

Following his state conviction on a charge of trafficking in marihuana, Edmundo Rodriguez-Romero (appellant) was ordered deported pursuant to 8 U.S.C. § 1251(a) (11), a statute which requires the deportation of such an alien. His appeal to the Board of Immigration Appeals was dismissed, and he then filed a petition in the United States District Court for the writ of habeas corpus. He asserted two grounds for relief: that he was and is a United States citizen and could not be deported and that, even if he were an alien, his deportation would violate the due process and cruel and unusual…