Paul James McJunkin v. Immigration and Naturalization Service

Paul MeJunkin, a native and citizen of Germany who entered the United States in 1956, was found deportable under 8 U.S.C. § 1251 (a)(ll), which provides for the deportation of any alien who “is, or hereafter at any time after entry has been, a narcotic drug addict . . ” This finding, later upheld by the Board of Immigration Appeals, was based upon an order of commitment entered by a United States District Court which found petitioner to be an addict under the provisions of the Narcotic Addict Rehabilitation Act, 42 U.S.C. §§ 3401-3426 (NARA). MeJunkin contends first that the proceedings under NARA are inadmissible in a deportation action and secondly that, even if admissible, they are not sufficient to establish that he is an addict within the intendment of 8 U.S.C. § 1251 (a)(ll). Finally, he alleges that his deportation because of drug addiction is unconstitutional. We reject each of these contentions and affirm the Board’s dismissal of MeJunkin’s appeal.

I.

Admissibility of NARA Proceedings.

Appellant’s claim that the order of commitment under the NARA is inadmissible in a deportation proceeding is without support in statute or legislative history. Congress considered the…