Gregory Paul Mason v. Ronald A. Brooks Edwin Meese

Appellant Gregory Mason (Mason) appeals the district court’s grant of summary judgment in favor of Ronald A. Brooks (“Brooks”), District Director of the Seattle District of the Immigration and Naturalization Service (“INS”) and Edwin Meese III, Attorney General of the United States (“Attorney General”). We affirm.

BACKGROUND

Mason, a Canadian citizen and resident, brought this action to compel the Attorney General to allow him to enter the United States and file his application for naturalization under 8 U.S.C. § 1440 (1982).

Mason served in the United States Marine Corps from April 9, 1969 to October 8, 1970, including a ten-month tour of duty in Vietnam. On November 22, 1971, he was convicted of possession with intent to distribute marijuana. The conviction followed his arrest for possession of 74 pounds of marijuana. His conviction was expunged pursuant to the Federal Youth Corrections Act. 18 U.S.C. § 5021 (repealed 1984). Additionally, Mason was later convicted of a misdemeanor count of possession of a controlled substance stemming from a November 10, 1973 arrest for possession of marijuana. Following the second conviction, the INS commenced deportation proceedings against…