Faustino Rafael Murgia-Melendrez v. United States Immigration and Naturalization Service

BARNES, Circuit Judge:

Petitioner, a native and citizen of Mexico, was convicted on April 25, 1967, in the Superior Court of the State of California in and for the County of San Diego, of possession of marijuana, a violation of § 11530 of the Health and Safety Code of that State. He was then nineteen years old. On June 26, 1967, a deportation hearing was convened. Appellant attended unrepresented by counsel and was found deportable, because of his conviction, under section 241(a) (11) of the Immigration and Nationality Act, 8 U.S.C. § 1251(a) (11).

Petitioner, through counsel, challenged the…