Jesus Arrellano-Flores v. Richard C. Hoy

262 F.2d 667 Jesus ARRELLANO-FLORES, Appellant, v. Richard C. HOY, as District Director for the Los Angeles District, Immigration and Naturalization Service, United States Department of Justice, Appellee. No. 15747. United States Court of Appeals Ninth Circuit. December 29, 1958. David C. Marcus, Los Angeles, Cal., for appellant. Laughlin E. Waters, U. S. Atty., Richard A. Lavine, Bruce A. Bevan, Jr., Los Angeles, Cal., for appellee. Before POPE, CHAMBERS and HAMLEY, Circuit Judges. CHAMBERS, Circuit Judge. 1 Arrellano-Flores is a citizen and national of the Republic of Mexico who was lawfully admitted to the United States in 1925. After administrative proceedings the district director of Immigration and Naturalization is about to deport him under 8 U.S.C.A. § 1251 (a) (11) because he has been found guilty after a California trial on a criminal charge that he unlawfully sold marihuana, a substance classified as a narcotic. 2 On review, the district court upheld the director. The principal issue is: Has the alien been "convicted?" This is an ingredient of the aforementioned Section 1251(a) (11). The judgment of the state court, after the finding of guilt, was that the…