Danielle M. Tsimbidy-Rochu v. Immigration and Naturalization Service

These consolidated appeals from an order of deportation and an order refusing to reconsider it raise three questions. The first, whether an order of deportation is a denial of due process, is answered adversely to petitioner in Hari-siades v. Shaughnessy, 342 U.S. 580 , 72 S.Ct. 512 , 96 L.Ed. 586 (1952).

The second, whether an order of deportation constitutes cruel and unusual punishment within the meaning of the Eighth Amendment, is answered adversely to petitioner by Burr v. Immigration and Naturalization Service, 350 F.2d 87 (9th Cir. 1965), and Soewapadji v. Wixon, 157 F.2d 289 (9th Cir. 1946), cert. denied 329 U.S. 792 , 67 S.Ct. 369 , 91 L.Ed. 678 .

The third, whether after her conviction of illegal possession of marijuana was expunged petitioner remained convicted of having in her possession a narcotic drug under 8 U.S.C. § 241 (a) (11), is answered adversely to petitioner by Brownrigg v. United States Immigration and Naturalization Service, 356 F.2d 877 (9th Cir. 1966), and the cases there cited. .

Judge Ely retains the view which he, dissenting, expressed in Kelly v. Immigration and Naturalization Service, 349 F.2d 473 (9th Cir. 1965), but he has authorized the…