Maria Guadalupe Guerrero De Nodahl v. Immigration and Naturalization Service, Department of Justice

This is an appeal, cognizable in this court under 8 U.S.C. § 1105a, from a decision of the Board of Immigration Appeals ordering petitioner’s deportation because of her April 15, 1965, conviction in the Superior Court of the State of California in and for the County of San Diego of the offense of inflicting corporal injury upon a child, as charged in an Information, in violation of section 273d of the California Penal Code. The information charged that the petitioner, on the dates and place stated “ * * * did wilfully, unlawfully and feloniously make an assault and inflict a corporal injury upon OSCAR NODAHL, then and there a minor child * * * of the age of nine years, and that the said assault did result in a traumatic injury to the said OSCAR NODAHL, a human being.” Petitioner’s sentence for the state court conviction was imprisonment for two years in the California Institute for Women.

A native and citizen of Mexico, petitioner was admitted for permanent residence in this country on June 14, 1961. The child beating for which she was convicted occurred between December 25, 1964 and January 7, 1965. On November 21, 1966, the Immigration and Naturalization Service issued an order…