MATTER OF H—VIn DEPORTATION Proceedings 

A-10743391 

Decided by Board August 17,1961 

Deportability—Narcotics offense—Finality of conviction. 

Where conviction for narcotics offense resulted in respondent's commitment 

for treatment and super-vision under the Federal Youth Correction Act, held 

that for purposes of section 241(a) (11) of the Immigration and Nationality 

Act his conviction was "final" without regard to imposition of sentence. 

CILUIGES : 

Order: Act of 1952—Section 241(5) (11) [8 U.S.C. 1251(a) (11)1—Convicted 

of a violation of any law j r regulation relating to the illicit traffic in narcotic drugs. 

BEFORE THE BOARD 

DISCUSSION: This case comes forward on appeal from an order 

entered by the special inquiry officer on July 14, 1961, denying the respondent's motion requesting reopening and reconsideration of the decision of April 21, 1960, directing that the respondent 

be deported from the United States pursuant to law on the charge 

stated in the order to show cause. Counsel on appeal asserted that 

the respondent's wife and minor child are citizens of the United 

States. He argued that the respondent's conviction in the United 

States District Court, Southern District of California, Southern 

Division, San Diego, California, on March 21, 1960, is not a final 

conviction within the meaning of the Immigration and Nationality 

Act, in that, to constitute a conviction thereunder a sentence must 

be imposed rather than commitment for treatment and reformation. 

The respondent, a 23-year-old married male, native and citizen 

of Mexico, has resided continuously in the United States since his 

admission at San Ysidro, California, on June 15, 1956. The record 

reflects the respondent was convicted on his plea of guilty in the 

United States District Court, Southern District of California, 

Southern Division, San Diego, California, on March 21, 1960, for 

illegally , importing narcotics into the United States in violation of 

section 174, Title 21, United States Code. Following this convic428 
Lion, the respondent was sentenced to the custody of the Attorney 

General for treatment and supervision until discharged by the 

Youth Correction Division. It was adjudged and recommended 

that the respondent he given an opportunity to further his education and learn a useful trade or occupation. Deportation proceedings were instituted against the respondent on April 13, 1960. 

During the hearing held in deportation proceedings nt the Federal 

Correction Institution, Lompoc, California, on April 21, 1960, the 

respondent admitted the truth of the several factual allegations set 

forth in the order to show cause and conceded deportability on the 

charge stated therein. The record shows that the respondent is 

subject to deportation on the charge designated above. The special 

inquiry officer's decision of April 21, 1960, became final when no 

appeal was taken therefrom. 

The section [241(a) (11) of tha Immigration and Nationality 

Act] under which the respondent has been found subject to deportation provides that an alien in the United States shall be deported 

who at any time has been convicted of a violation of any law or 

regulation relating to the illicit traffic in narcotic drugs. The aforementioned section 241 (a) (11) requires only a conviction of a narcotic offense without regard to the imposition of a sentence. Moreover, this Board has held that a conviction which results in commitment under the Federal Youth Correction Act possesses sufficient 

finality to sustain a deportation charge under section 241(a) (4) of 

the Immigration and Nationality Act which, among other things, 

provides for the deportation of twice-convicted aliens without regard for the sentence imposed (cf. Hatter of P—, 8-517). 

For the reasons hereinbefore set forth, the request made by counsel on behalf of the respondent for reopening of the proceeding and 

reconsideration must be denied. This case, like so many of its kind, 

is a hard one and has many appealing factors. However, it is our 

duty to apply and interpret the law as it is given us. As previously 

stated, the record clearly establishes that the respondent is subject 

to deportation under the provisions of section 241(a) (11) of the 

Immigration and Nationality Act, in that, he at any time has been 

convicted of a violation of any law or regulation relating to the 

Mich traffic in narcotic drugs, to wit, illegal importation of narcotics, in violation of Title 21, U.S.C., section 174. The other 

points raised by counsel have been adequately disposed of by the 

special inquiry officer. After carefully coneidering all the evidence 

of record, together with the exceptions noted on appeal, the deCision 

of the special inquiry officer will he affirmed. Accordingly, the following order will be entered. 

ORDER: It is ordered that the appeal be dismissed. 

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