Ruis-Rubio v. Immigration & Naturalization Service
| Court | U.S. Court of Appeals — Ninth Circuit |
| Writing for the Court | PER CURIAM |
| Citation | Ruis-Rubio v. Immigration & Naturalization Service, 380 F.2d 29 (9th Cir. 1967) |
| Decision Date | 06 November 1967 |
| Docket Number | No. 21393.,21393. |
| Parties | Nicolas RUIS-RUBIO, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. |
Jose G. Villarreal, Los Angeles, Cal., for appellant.
Wm. Byrne, Jr., U. S. Atty., Frederick M. Brosio, Jr., Asst. U. S. Atty., Chief Civ. Div., William P. Lamb, Asst. U. S. Atty., Los Angeles, Cal., Joseph Sureck, Reg. Atty., I.N.S., San Pedro, Cal., Steve Suffin, Atty., I.N.S., San Francisco, Cal., Ramsey Clark, Atty. Gen. of U. S., Washington, D. C., for appellee.
Before CHAMBERS and ELY, Circuit Judges, and FERGUSON, District Judge.
Certiorari Denied November 6, 1967. See 88 S.Ct. 302.
Petitioner Ruis-Rubio, a Mexican citizen, was admitted to the United States for permanent residence in 1960. In 1965, after entering a plea of nolo contendere, he was convicted of possession of marijuana in the Los Angeles Superior Court. The Immigration Service then commenced proceedings to get petitioner deported under 8 U.S.C. § 1251(a) (11), which provides for deportation when an alien is convicted of violating any marijuana law. In due course the special inquiry officer ordered petitioner deported, which order was affirmed by the Board of Immigration Appeals.
Petitioner claims that a judgment of guilty in state court after a plea of nolo contendere does not constitute a "conviction" within the meaning of 8 U. S.C. § 1251(a) (11). He argues that such a judgment can't be used against him in a subsequent unrelated civil proceeding. While it may be true, as petitioner maintains, that a guilty judgment following a nolo contendere plea can not be...
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Nuno v. County of San Bernardino, ED CV 98-175 RT (VAPx).
...of such offenses. See 8 U.S.C. § 1227(a)(2) (listing qualifying offenses) (transferred from former 8 U.S.C. § 1251). In Ruis-Rubio v. INS, 380 F.2d 29 (9th Cir.1967), for example, petitioner Ruis-Rubio had entered a nolo plea to a California drug possession offense. When the INS commenced d......
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U.S. v. Cuevas
...v. INS, 43 F.3d 211, 215 (5th Cir.) (per curiam), cert. denied, --- U.S. ----, 116 S.Ct. 59, 133 L.Ed.2d 23 (1995); Ruis-Rubio v. INS, 380 F.2d 29 (9th Cir.) (per curiam), cert. denied, 389 U.S. 944, 88 S.Ct. 302, 19 L.Ed.2d 302 Support for this conclusion comes from outside the context of ......
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Town of Groton v. United Steel Workers of Am.
...519 F.2d 1174, 1176 (5th Cir. 1975) (deportation based on conviction after plea of nolo contendere); Ruis-Rubio v. Immigration & Naturalization Service, 380 F.2d 29, 30 (9th Cir.), cert. denied, 389 U.S. 944, 88 S. Ct. 302, 19 L. Ed. 2d 302 (1967) (same); Masters v. Commissioner of Internal......
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Arneson v. Fox
...plea may be used to justify deportation (Tseung Chu v. Cornell (9th Cir. 1957) 247 F.2d 929; see also Ruis-Rubio v. Immigration & Naturalization Service (9th Cir. 1967) 380 F.2d 29), to satisfy a "conviction per se" statute (United States v. One Lot of Eighteen Firearms (D.C.1971) 325 F.Sup......
