E-069565
Decided by the Board October 1, 1953
Narcotics, conviction for transfer of — Deportability under section 241 (a) (11) of the Immigration and Nationality Act.
A conviction for transfer of marihuana (in this instance one marihuana cigarette) in violation of section 2591 (a), Title 26, U.S.C. (Marihuana Tax Act of 1937) is a ground of deportability under section 241 (a) (11) of the Immigration and Nationality Act of 1952.
CHARGES:
Warrant: Section 241 (a) (11) of the Immigration and Nationality Act — Convicted — Narcotic violation: Possession, in violation of section 11500, Health and Safety Code of California.
Section 241 (a) (11) of the Immigration and Nationality Act — Convicted — Narcotic violation: Transfer of marihuana in violation of section 2591 (a), Title 26, United States Code.
BEFORE THE BOARD
Discussion: The case comes forward on appeal from the order dated August 13, 1953 of the special inquiry officer ordering the alien deported on both charges stated in the warrant of arrest.
The facts are fully set forth in the decision of the special inquiry officer, and we shall set forth only such portion of the record as is necessary to the purpose of disposing of the appeal. The first warrant charge is based upon respondent's conviction of April 4, 1951, in the Superior Court of the State of California, in and for the county of Los Angeles of violation of section 11500 of the Health and Safety Code of the State of California (possession), a felony, as charged in the information. The information upon which he was convicted charged that on or about February 3, 1951, the respondent had in his possession flowering tops and leaves of Indian Hemp (cannibis sativa) in violation of section 11500, Health and Safety Code of the State of California. The same narcotic violation has previously been the subject of consideration and it has been held that a conviction solely for possession in violation of section 11500 of the Health and Safety Code of the State of California does not show conduct contemplated by section 212 (a) (23) of the Immigration and Nationality Act. Similarly, we have held that a charge in deportation proceedings under section 241 (a) (11) based upon a conviction for possession in violation of section 11500 of the Health and Safety Code of California is not sustained. Accordingly, the first charge in the warrant of arrest will not be sustained.
Matter of L----, A-9798106, Int. Dec. 454 (A.G., August 11, 1953).
Matter of B----, A-1719002 (August 25, 1953); Matter of N----, E-069289 (August 25, 1953).
The second charge in the warrant of arrest is predicated upon the respondent's conviction on December 30, 1948, in the District Court, Western District, Washington, Northern Division, of violation of section 2591 (a), Title 26, U.S.C. (Marihuana Tax Act of 1937) as charged in count III of the indictment, that on or about December 16, 1948, the respondent did knowingly, willfully and unlawfully transfer one marihuana cigarette, not in pursuance of a written order on a form provided for that purpose by the Secretary of the Treasury. This conviction is clearly a violation of a law governing or controlling the taxing or transportation of a narcotic drug and falls within the proscription of section 241 (a) (11). The ground of deportability on the second charge contained in the warrant of arrest is sustained. Discretionary relief does not appear to be warranted.
Matter of M----, A-2669541, Int. Dec. 442 (June 1, 1953).
Order: It is ordered that the alien be deported pursuant to law solely on the second charge stated in the warrant of arrest.