George Bernard Nicholas v. Immigration and Naturalization Service

George Bernard Nicholas, the petitioner herein, is a forty-three year old native and citizen of the Bahamas. He has remained in this country at all times since his last entry in 1967, having since married a United States citizen. They have two children, both United States citizens.

On June 26, 1974, the United States Immigration and Naturalization Service served an order to show cause and notice of hearing upon petitioner, charging him with deportability arising from a series of events commencing in the early 1950’s. 8 U.S.C. § 1251 (a)(1). The order was based upon his alleged violation of § 241(a)(17) of the Immigration and Nationality Act, in that he was excludable as an alien who had been arrested and deported at the time of his entry in 1967, and that he had not been granted consent to apply for readmission by the proper authority. 8 U.S.C. § 1182 (a)(17). During the deportation hearing, petitioner was further charged with deportability as an alien who had been convicted of a crime relating to drugs or narcotics, arising from a 1975 conviction of conspiracy to possess a controlled substance with the intent to distribute, in violation of 21 U.S.C. §§ 841 , 843, and 846. 8…