Ignacio Osvaldo Hernandez-Almanza v. United States Department of Justice, Immigration and Naturalization Service

Appellant Hernandez-Almanza (Almanza) appeals from an affirmance by the Board of Immigration Appeals of an order for his deportation issued by an immigration judge. This court’s jurisdiction is based on 8 U.S.C. § 1105a. We affirm.

Facts.

In 1970, Almanza, a Mexican national, was admitted to the United States as a permanent resident alien. Returning to this country from a visit to Mexico that same year, appellant was arrested at the border after a search revealed marijuana in his possession. Pursuant to Section 212(d)(5) of the Immigration and Nationality Act (the Act) ( 8 U.S.C. § 1182 (d)(5)), appellant was temporarily paroled into the United States for criminal prosecution. On November 4, 1970, Almanza pleaded guilty to, and was convicted of, misdemeanor possession of marijuana in violation of California Health and Safety Code, Section 11530. Appellant, who was represented by counsel at his trial, did not appeal his conviction or sentence. Thereafter, pursuant to Section 236 of the Act ( 8 U.S.C. § 1226 ), an exclusion hearing was held before a special inquiry officer, and Almanza was found to be an excludable alien under Section 212(a)(23) of the Act ( 8 U.S.C. § 1182…