Gutierrez-Rubio v. Immigration & Naturalization Serv.

Decision Date13 January 1972
Docket NumberNo. 71-1831 Summary Calendar.,71-1831 Summary Calendar.
Citation453 F.2d 1243
PartiesRoberto GUTIERREZ-RUBIO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.
CourtU.S. Court of Appeals — Fifth Circuit

Glen Sutherland, El Paso, Tex., for petitioner.

John N. Mitchell, Atty. Gen. of U. S., Dept. of Justice, Washington, D. C., Troy A. Adams, Jr., District Director, INS., New Orleans, La., Ralph E. Harris, Asst. U. S. Atty., District Director, Immigration & Nat. Service, El Paso, Tex., William S. Sessions, U. S. Atty., San Antonio, Tex., for respondent.

William E. Weinert, Trial Atty., Immigration and Naturalization Service, of counsel.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Roberto Gutierrez-Rubio, an alien, was convicted of violating the Texas firearms statute by having in his possession a weapon which could be fired both automatically and semi-automatically. Such a conviction is a ground for deportation.1 Deportation proceedings were begun but before completion, appellant was granted relief under the Texas Adult Probation and Parole Law2 which serves to relieve a probationer of the penalties and disabilities resulting from his conviction. The Special Inquiry Office of the Immigration and Naturalization Service ordered that the deportation proceedings be terminated on the ground that the Texas statute effectively expunged the conviction upon which the deportation charge was based. A majority of the Board of Immigration Appeals reversed the order of the immigration officer, and held that the finality of the conviction had not been vitiated for deportation purposes. This appeal is from the Board's decision. We affirm.

This appeal raises the identical issue presented to this court in Gonzalez de Lara v. United States.3 In de Lara we rejected the contention that the Texas statute so erased or expunged a conviction for unlawful possession of marijuana that it was eliminated as a ground for deportation. Rubio suggests that de Lara should be limited to narcotics violations. Although there is some authority for such a result,4 we based our decision in de Lara upon principles of federalism which are in no way bounded by the nature of the offense involved.

The manner in which Texas chooses to deal with a party subsequent to his conviction is simply not of controlling importance insofar as a deportation proceeding — a function of federal, not state, law — is concerned.5

Gutierrez-Rubio's conviction for a violation of the Texas firearms statute was a valid ground for the deportation order notwithstanding the Texas statute.

Affirmed.

To continue reading

Request your trial
10 cases
  • Kuhali v. Reno
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 1, 2000
    ...class of weapons. E.g., Zinnanti v. INS, 651 F.2d 420, 421 (5th Cir. Unit A July 1981) (per curiam); Gutierrez-Rubio v. INS, 453 F.2d 1243, 1244 & n.1 (5th Cir. 1972) (per curiam); see also Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, Tit. VII, Subtitle J, § 7348, 102 Stat. 4181, 4473;......
  • Aguilera-Enriguez v. Immigration and Naturalization Service
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 7, 1975
    ...law, to be interpreted in harmony with the policies underlying the Immigration and Nationality Act. Gutierrez-Rubio v. Immigration and Naturalization Service, 453 F.2d 1243 (5th Cir. 1972); Garcia-Gonzales v. Immigration and Naturalization Service, 344 F.2d 804, 808-809 (9th Cir.), cert. de......
  • In re Luviano-Rodriguez
    • United States
    • U.S. DOJ Board of Immigration Appeals
    • February 29, 1996
    ...to have addressed the issue decided that an expunged firearms conviction does not prevent a finding of deportability. Gutierrez-Rubio v. INS, 453 F.2d 1243 (5th Cir.), cert. denied, 408 U.S. 926 II. EROSION OF THE CALIFORNIA EXPUNGEMENT LAW The purpose of expungement statutes is to mitigate......
  • Kolios v. Immigration and Naturalization Service, No. 75-1264
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • March 30, 1976
    ...and under § 1251(a)(14) (violation of laws relating to automatic and semi-automatic weapons or sawed-off shotguns), Gutierrez-Rubio v. INS, 453 F.2d 1243 (5th Cir. 1972).7 We noted that the federal act was more than a "technical erasure", and did more to free the defendant from all taint of......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT