I feel compelled, however, to reiterate my belief that we should respect a state's right to define and determine when an individual has been convicted under the state's law. See Kelly v. Immigration Naturalization Service, 349 F.2d 473, 474-80 (9th Cir. 1965) (Ely, J., dissenting). Under the "principle" of national uniformity in the application of federal law, we have unnecessarily and unjustifiably intruded upon a sovereign right that, as I see it, appropriately belongs to the states. Benson was convicted of violating 18 U.S.C. § 922(h)(1).

In support of its position, the Government cited several cases previously decided by this court dealing with the effect of expungement statutes on deportation orders. E. g., Kelly v. I. N. S., 349 F.2d 473 (9th Cir. 1965), cert. denied 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344 (1965); Garcia-Gonzalez v. I. N. S., 344 F.2d 804 (9th Cir. 1965), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965). Those decisions are not here applicable.

For 17 years this rationale has been accepted by judicial decision, with no contrary action on the part of Congress. See, e. g., Gonzales de Lara v. United States, 439 F.2d 1316 (5th Cir. 1971); Cruz-Martinez v. INS, 404 F.2d 1198 (9th Cir. 1968), cert. denied, 394 U.S. 955, 89 S.Ct. 1291, 22 L.Ed.2d 491 (1969); Kelly v. INS, 349 F.2d 473 (9th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344 (1965); Garcia-Gonzales v. INS, 344 F.2d 804 (9th Cir.), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965). See generally C. Gordon H. Rosenfield, Immigration Law and Procedure, § 4.17 and notes 22-23c (October 1975 Supp.).

Garcia-Gonzales v. INS, 344 F.2d 804 (9th Cir. 1965) cert. den. 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965); Kelly v. INS, 349 F.2d 473 (9th Cir. 1965); Brownrigg v. INS, 356 F.2d 877 (9th Cir. 1966);

The Service now seeks to distinguish the instant case on the theory that it involves a deportation under section 241(a) (11) for a narcotics conviction, arguing that, as evidenced by section 241(b), Congress has enunciated a strong national policy of deportation of aliens involved in the narcotics traffic which should not be required to defer to a technical erasure of a conviction. Regardless of how compelling this argument may be when the expunction is of a state conviction under an unusual state procedure, see Garcia-Gonzales v. INS, 9 Cir., 1965, 344 F.2d 804, cert. denied 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed. 2d 81; Matter of A---- F----, 1959, 8 I. N. Dec. 429, 441-46; but see Kelly v. INS, 9 Cir., 1965, 349 F.2d 473, 474-480 (Ely J., dissenting), cert. denied, 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344, we are unpersuaded when it is the Youth Correction Act that is involved. Section 5021 clearly contemplates more than a "technical erasure;" it expresses a Congressional concern, which we cannot say to be any less strong than its concern with narcotics, that juvenile offenders be afforded an opportunity to atone for their youthful indiscretions.

"See Dunn-Marin v. District Director of United States Immigration and Naturalization Service, 9th Cir. 1970, 426 F.2d 894, 895; de la Cruz-Martinez v. Immigration and Naturalization Service, 9th Cir. 1968, 404 F.2d 1198; Kelly v. Immigration and Naturalization Service, 9th Cir. 1965, 349 F.2d 473; and Garcia-Gonzales v. Immigration and Naturalization Service, 9th Cir. 1965, 344 F.2d 804. de la Cruz-Martinez v. Immigration and Naturalization Service, 9th Cir. 1968, 404 F.2d 1198, quoting from Reyes v. United States, 9th Cir. 1958, 258 F.2d 774.

The petitioner's remaining argument on appeal is that he is not deportable under section 241(a) (11) because he has not been finally convicted under California Health and Safety Code § 11530 by virtue of his commitment as a narcotic drug addict under California Welfare and Institutions Code § 3051. This argument, however, is foreclosed by a long line of decisions by this court, including de la Cruz-Martinez v. Immigration and Naturalization Service, 404 F.2d 1198 (9th Cir. 1969); Kelly v. Immigration and Naturalization Service, 349 F.2d 473 (9th Cir. 1965); and Garcia-Gonzales v. Immigration and Naturalization Service, 344 F.2d 804, 808 (9th Cir. 1965). We accordingly grant respondent's motion and summarily affirm the order of deportation.

" 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.

We have rejected this argument in the past. Brownrigg v. United States Immigration Nat. Serv., 356 F.2d 877 (9th Cir. 1966); Kelly v. Immigration Nat. Serv., 349 F.2d 473 (9th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344 (1965); Ramirez-Villa v. Immigration Nat. Serv., 347 F.2d 985 (9th Cir.), cert. denied, 382 U.S. 908, 86 S.Ct. 250, 15 L.Ed.2d 162 (1965); Garcia-Gonzales v. Immigration Nat. Serv., supra; Wood v. Hoy, 266 F.2d 825 (9th Cir. 1959); Arrellano-Flores v. Hoy, 262 F.2d 667 (9th Cir. 1958). We do so again.

Gutierrez v. I.N.S., 323 F.2d 593 (9th Cir. 1963), cert. denied 377 U.S. 910, 84 S.Ct. 1171, 12 L.Ed.2d 179 (1964); Wood v. Hoy, 266 F.2d 825 (9th Cir. 1959); Arrellano-Flores v. Hoy, 262 F.2d 667 (9th Cir. 1958), cert. denied, 362 U.S. 921, 80 S.Ct. 673, 4 L.Ed.2d 740 (1960). See also Kelly v. I.N.S., 349 F.2d 473 (9th Cir.), cert. denied, 382 U.S. 932, 86 S.Ct. 326, 15 L.Ed.2d 344 (1965); Garcia-Gonzales v. I.N.S., 344 F.2d 804 (9th Cir.), cert. denied, 382 U.S. 840, 86 S.Ct. 88, 15 L.Ed.2d 81 (1965). Petitioner contends that deportation under the circumstances of this case constitutes cruel and unusual punishment.