Arturo Ascencio Mendez v. Immigration & Naturalization Service
Opinion
Opinion
Trask, J.
Appellant is a citizen and native of Mexico. He entered the United States in 1971 as a permanent resident alien. In August 1974, appellant was convicted of burglary and sentenced to one year in prison. As a result of this conviction, an order to show cause was issued by appellee. On February 6, 1975, appellant was found deportable pursuant to 8 U.S.C. § 1251 (a)(4), conviction of a crime involving moral turpitude, with a sentence of one year. The Board of Immigration Appeals dismissed his appeal on April 15, 1975.
On April 29, 1975, the Superior Court in which appellant had been convicted issued an order vacating his sentence and reimposing a nine-month sentence. On May 8, 1975, without notice to appellant’s counsel of record, appellee mailed to appellant a notice to appear for deportation on May 15. Appellant reported to the Immigration and Naturalization Service on May 15, explained that the underlying conviction had been vacated, and, without opportunity to contact counsel, was deported the same day. It is not disputed that appellant’s attorney had no notice, actual or constructive, of his client’s departure until after the deportation.