Leonard Alfred Brownrigg v. The United States Immigration and Naturalization Service

This is a petition for review of an order of deportation. We have jurisdiction. (8 U.S.C. § 1105a.) Appellant was convicted of illicit possession of marijuana, violating § 11530, Health and Safety Code of the State of California. Appellant denied that a conviction existed because of subsequent so-called “ex-pungement” proceedings — California Penal Code, § 1203.4.

We have already held that section does not wipe out the conviction or “expunge” it for the purposes of § 241(a) (11) of the Immigration and Nationality Act. Garcia-Gonzales v. Immigration and Naturalization Service, 344 F.2d 804 (9th Cir. 1964), cert. den. 382 U.S. 840 , 86 S.Ct. 88 , 15 L.Ed.2d 81 ; Kelly v. Immigration and Naturalization Service, 349 F.2d 473 (9th Cir. 1965), cert. den. 382 U.S. 932 , 86 S.Ct. 326 , 15 L.Ed.2d 344 . We follow said cases.

There was no error in admitting evidence of appellant’s conviction despite “expungement;” no matter how illogicál appellant thinks it may be. Congress was legislating with reference to an existing statute (§ 11530, Calif. Health & Safety Code), and not with respect to that state statute as it is partially modified by Penal Code § 1203.4. See discussion by Judge…