Jesus Arellano-Flores v. George K. Rosenberg, District Director of Immigration

Appellant, Jesus Arellano-Flores, appeals from the District Court’s dismissal of a habeas corpus proceeding in which he challenged the legality of an order for his deportation.

Appellant is a native and citizen of Mexico. He last entered the United States in 1954, although he has been a permanent resident alien in the United States since 1925.

In 1956, appellant was convicted of selling marijuana in violation of § 11,500, Health and Safety Code of the State of California. For this violation, the Los Angeles County Superior Court ordered the proceedings suspended and Arellano-Flores placed on probation for a period of five years on condition that he serve one year in the county jail.

Shortly thereafter, upon notice, a Special Inquiry Officer of the United States Immigration and Naturalization Service held a hearing and ordered appellant deported pursuant to 8 U.S.C.A. § 1251 (a) (11), which provides for the deportation of an alien convicted of a narcotics violation.

The Board of Immigration Appeals affirmed the deportation order and issued a warrant of deportation. Appellant then brought proceedings for judicial review of the deportation order. This Court affirmed a judgment…