Roberto Gutierrez-rubio, Petitioner, v. Immigration & Naturalization Service, Respondent, 453 F.2d 1243 (5th Cir. 1972)

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.