Maximilliano De La Cruz-Martinez, Also Known as Max Cruz, Max De La Cruz v. Immigration and Naturalization Service

Petitioner, a Mexican citizen who has lived in this country for 23 of his 25 years, is challenging a decision by the Board of Immigration Appeals declining to reopen petitioner’s case on grounds that the finding that petitioner was de-portable because of his conviction- in a California court of a violation of state narcotics laws would not be influenced by the Order of Discharge entered by the Superior Court of the State of California in and for the County of Los Angeles which set aside the conviction and released petitioner from all penalties and disabilities resulting under state law from the conviction.

Relying upon solidly established precedent and well founded policy, we affirm the decision of the Board.

In 1962, petitioner, then nineteen years old, was convicted under sections 11500 and 11530 of California’s Health and Safety Code of unlawful possession of heroin and marijuana. The then California District Court of Appeal affirmed this decision on November 9, 1965.

On September 4, 1964, the deputy district director of the Immigration Service issued an Order to Show Cause, alleging that because of his narcotics conviction, petitioner was deportable under section 241(a)…