Doroteo Fuentes-Torres v. Immigration and Naturalization Service

Proceeding under section 106 (a) of the Immigration and Nationality Act (Act), 75 Stat. 651 (1961), 8 U.S.C. § 1105a (1958, Supp. Ill), Doroteo Fuentes-Torres petitioned this court to review an order for his deportation from the United States to Mexico.

Petitioner is a native and citizen of Mexico who last entered the United States at Del Rio, Texas, on September 13, 1944. On December 27, 1957, he was convicted in the Superior Court of the State of California in and for the County of Santa Clara, of the crime of possession of marihuana in violation of section 11500 of the Health and Safety Code of the State of California. The crime of which petitioner was convicted was committed on March 18,1957. As a result of this conviction Fuentes was sentenced to the California State Prison for the term provided by law and actually served two years.

By reason of this conviction the Immigration and Naturalization Service ordered Fuents to show cause why he should not be deported pursuant to section 241(a) (11) of the Immigration and Nationality Act, 74 Stat. 505 (1960), 8 U.S.C. § 1251 (a) (11) (1958, Supp. III). Under this statute any alien in the United States shall, upon order of the…