Carlos Efren Hernandez-Valensuela v. George K. Rosenberg, as District Director, Immigration and Naturalization Service

This case presents the question whether the conviction of a person for a narcotics offense which is followed by sentence under the Youth Offenders’ Act is final for purposes of deportation under the Immigration and Nationality Act. We hold that it is.

On March 21, 1960, petitioner entered a plea of guilty in the United States District Court for the Southern District of California, Southern Division, for illegally importing narcotics into the United States in violation of 21 U.S.C. § 174 . He was sentenced under the Youth Correction Act, 18 U.S.C. § 5010 (b), which provides that “if the court shall find that a convicted person is a youth offender * * * ” the court may sentence him to the custody of the Attorney General. Section 5021(a) provides:

While he was in the federal correctional institution at Lompoc, California, deportation proceedings were instituted against petitioner and he was ordered deported pursuant to § 241(a) (11), the Immigration and Nationality Act, 8 U. S.C. § 1251(a) (ll). From this order he has appealed.

Petitioner contends that his conviction was not final. In this respect he relies on Pino v. Landon, 1955, 349 U.S. 901 , 75 S.Ct. 576 , 99 L.Ed. 1239 ,…