Gerhard Forstner v. Immigration & Naturalization Service

Petitioner was found deportable under section 241(a)(ll) of the Immigration and Nationality Act, 8 U.S.C. § 1251 (a)(ll), requiring deportation of any alien convicted of drug-related offenses described in the statute.

Petitioner contends that the record made by the government in the deportation proceeding does not establish that the offense of which he was convicted fell within the scope of section 1251(a)(ll). The record shows that petitioner pleaded guilty to violating Oregon Revised Statute § 167.207 which makes it unlawful to “furnish” a narcotic or dangerous drug. “ ‘Furnishes’ means to sell, barter, exchange, give or dispose to another, or to offer or agree to do the same . . . .” O.R.S. § 167.-202(3). Petitioner contends that because the Oregon statute makes it unlawful to “offer” or “agree” to “barter” drugs, whereas section 1251(a)(ll) of the Act applies to “conspiracies” and does not mention bartering, a conviction under the Oregon statute may have been for conduct not within section 1251(a)(ll).

Section 1251(a)(ll) extends broadly to any violation of or a conspiracy to violate “any law or regulation relating to the illicit possession of or traffic in narcotic drugs or…