MATTER or Y M— 

In DEPORTATION Proceedings 

A-30'28956 

Derided by Board July 29, 1958 

Recommendation against deportation prior to December 24, 1952—Not a bar to 

deportation under section 241(a)(11) of 1952 act. 

Nondeportable status created prior to December 24, 1952, through judicial recommendation against deportation of an alien convicted for narcotic violation 

is ineffective to relieve alien from deportation under provisions of the 1952 

act. (NOTE: 6 1. & N. Dee. 505, 570, and 709, overruled.) 

CHARGE: 

Order : Act of 1952—Section 241(a) (11) [8 U.S.C. 1251 (a) (11) ]—Drug traffie, conviction: Violation of the Narcotic Drugs Import and Export 

Act as aullemled ou Alas 26, 1922. 

BEFORE THE BOARD 

Discussion: An order entered by the special inquiry officer 

April 24, 1958, terminated the above-captioned proceeding. The 

case has been certified for final decision pursuant to 8 CFR 6.1(c). 

The lespoutIGGL, a native and national of China, last entered the 

United States through the port of Seattle, Washington, on May 15, 

1937. Deportation is sought under section 241(a) (11) of the Immigration and Nationality Act (8 U.S.C. 1251(a) (11)) in that the 

respondent was convicted on March 25, 1925, for violation of the. 

Narcotic Drugs Import and Export Act as amended (35 Stat. 614; 

21 U.S.C. 171). The court in the order sentencing the respondent 

stated, "the defendant is not to be deported by reason of this conviction." 

The special inquiry officer, relying on prprArir•Gt decisions by Shia 

Board,' has terminated the proceedings. As in the instant case, 

the issue then before no concerned whether a nondeportable status 

created by a judicial recommendation in a narcotic case prior to the 

flatter of A-1776931, 6 1. & N. Dec. 505, Feb. 3, 1955; Matter 

of If' , A-4988228, 6 I. & N. Dec. 579, Slay 5, 1955; Matter of C—, 

A-5556791, 6 I. & N. Dec. 709, Sept. 1, 1955. 

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effective date of the Immigration and Nationality Act of 1952 continues to relieve the alien from deportation under the 1952 act. 

Originally, we held in Matter of I , E 9,5308, 5 I. & N. Dec. 

343, that the recommendation of the court no a bar to deportation 

is confined to aliens who are deportable under section 241(a) (4) of 

the Immigration and Nationality Act (8 U.S.C. 1251(a) (1)). 

Thereafter we reversed ourselves because the position we took in 

Matter of I—, supra, was overruled in the cases of Es parts 

Robles-Rubio and United States v. O'Rourke' Both of these 

cases held that the savings clause of the 1952 act was of sufficient 

breadth to encompass a previous recommendation against deportation and continues to relieve the narcotic offender. 

Since our last consideration of this issue the Supreme Court has 

ruled' that the savings clause of the 1952 act dues not relieve an 

alien in respondent's position from deportation because the savings 

clause by its own terms does not apply to situations "otherwise 

specifically provided" for in the act. The Supreme Court in the 

Catalanotte case said (p. 694) : 

Section 241(a) (11) and §241(d) [Immigration and Nationality Act) specifically provide for the deportation of an alien notwithstanding that the offense for which he is being deported occurred prior to the 1952 Act. Section 

241(a) (11) makes an alien deportable if he has "at any time" been convicted 

of illicit traffic in narcotic drugs. And §241(d) makes 1241(a) (11) applicable to all allot. eavered thereby "notwithstanding • that the facts • • 

occurred prior to the date of enactment of this Act" * * Congress was legislating retrospectively, as it may do, to corer offenses of the kind here involved. 

The finding by the special inquiry officer that the respondent is 

not deportable under section 241(a) (11) of the Immigration and 

Nationality Act (8 U.S.C. 1251(a) (11)) is hereby reversed. 

The special inquiry officer has requested that the case be remanded 

to afford the respondent an opportuttit,y to apply for auopenoion of 

deportation in the event he is found deportable. Under the circumstances, we will remand the case for this purpose. An appropriate 

order will be entered. 

Order: It is directed that the case be remanded to the special 

inquiry officer for the purpose stated in the foregoing opinion. 

2119 F. Supp. 610 (Jan. 21, 1954). 

3213 F.2d 759 (C.C.A. 8, June 17, 1954, rehearing denied July 14, 1954). 

a Section 405(a), Immigration and Nationality Act; 8 U.S.C. 1101 note. 

s r.chamaa. v Corson. 353 U.S. 685, June 3, 1957; Muicahey v. Catalanotte, 

353 "U.S. 692, June 3, 1957. 

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