414 F.2d 797

Danielle M. TSIMBIDY-ROCHU, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

Nos. 23071, 23660.

United States Court of Appeals Ninth Circuit.

Aug. 6, 1969.

*798Phelan, Simmons & Ungar, San Francisco, Cal., for petitioner.

Cecil F. Poole, U. S. Atty., David R. Urdan, Chief Asst. U. S. Atty., Stephen M. Suffin, I. N. S., San Francisco, Cal., John M. Mitchell, Atty. Gen. of U. S., Washington, D. C., for respondent.

Before HAMLEY and ELY, Circuit Judges, and SMITH*, District Judge.

PER CURIAM:

These consolidated appeals from an order of deportation and an order refusing to reconsider it raise three questions. The first, whether an order of deportation is a denial of due process, is answered adversely to petitioner in Hari-siades v. Shaughnessy, 342 U.S. 580, 72 S.Ct. 512, 96 L.Ed. 586 (1952).

The second, whether an order of deportation constitutes cruel and unusual punishment within the meaning of the Eighth Amendment, is answered adversely to petitioner by Burr v. Immigration and Naturalization Service, 350 F.2d 87 (9th Cir. 1965), and Soewapadji v. Wixon, 157 F.2d 289 (9th Cir. 1946), cert. denied 329 U.S. 792, 67 S.Ct. 369, 91 L.Ed. 678.

The third, whether after her conviction of illegal possession of marijuana was expunged1 petitioner remained convicted of having in her possession a narcotic drug under 8 U.S.C. § 241(a) (11), is answered adversely to petitioner by Brownrigg v. United States Immigration and Naturalization Service, 356 F.2d 877 (9th Cir. 1966), and the cases there cited. .

Judge Ely retains the view which he, dissenting, expressed in Kelly v. Immigration and Naturalization Service, 349 F.2d 473 (9th Cir. 1965), but he has authorized the statement that he, yielding to controlling precedent, concurs in this opinion.

The orders of the Board of Immigration Appeals are affirmed.

Tsimbidy-Rochu v. Immigration & Naturalization Service
414 F.2d 797

Case Details

Name
Tsimbidy-Rochu v. Immigration & Naturalization Service
Decision Date
Aug 6, 1969
Citations

414 F.2d 797

Jurisdiction
United States

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