Arciga

This appeal is a consolidated action brought by two Mexican nationals who illegally entered California and later were convicted of narcotic offenses in separate proceedings. After each man was sent to the California Rehabilitation Center (CRC), the Director of Corrections (Director) found them unfit for narcotics abuse treatment and returned them to court for further criminal proceedings. They were rejected because each was an “illegal” and Immigration and Naturalization Service (INS) “holds” had been placed on them.

Sixteen years ago the court in People v. Hernandez (1970) 10 Cal.App.3d 646 [ 89 Cal.Rptr. 192 ], determined the pendency of deportation proceedings is an adequate grounds for rejecting a defendant from the program. Arguments of counsel notwithstanding, we find the law remains the same.

Only a brief summary of the background and facts of each defendant’s case is necessary. Defendant Diaz appeals from the judgment in two cases out of Merced County, and defendant Arciga appeals from a judgment from Kings County.

Diaz was found guilty of violating Health and Safety Code sections 11350 (possession of heroin) and 11352 (sale of heroin). Arciga pled guilty to…