0300-451907.
Decided by Board November 2, 1954.
Narcotic violation — Attempt to commit the crime of feloniously possessing a narcotic drug with intent to sell — Section 241 (a) (11) of Immigration and Nationality Act.
An alien's conviction for attempt to commit the crime of feloniously possessing a narcotic drug with intent to sell renders him deportable under section 241 (a) (11) of the Immigration and Nationality Act.
CHARGES:
Warrant: Section 241 (a) (11), Act of 1952 — Narcotic violation — Feloniously possessing a narcotic drug with intent to sell.
Lodged: Section 241 (a) (11), Act of 1952 — Narcotic violation — Attempting to commit the crime of feloniously possessing a narcotic drug with intent to sell.
BEFORE THE BOARD
Discussion: This is an appeal from the order of the special inquiry officer requiring respondent's deportation on the lodged charge set forth above.
Respondent is a 40-year-old single male, a native of Russia who claims to be stateless. His only entry to the United States occurred in 1926 when he was lawfully admitted for permanent residence. The issue before us is whether the respondent's conviction on April 10, 1953, on a plea of guilty of the "crime of an attempt to commit the crime of feloniously possessing a narcotic drug with intent to sell" renders the respondent subject to deportation under that portion of section 241 (a) (11) of the Immigration and Nationality Act which provides for the deportation of an alien convicted of the violation of a law governing the sale or possession for the purpose of selling of narcotics. The matter has been thoroughly covered by the special inquiry officer in his order. Therefore, we will not go into the matter in detail. We find that the conviction of the crime of an attempt to commit the crime of feloniously possessing a narcotic drug with intent to sell subjects the alien convicted to deportation under section 241 (a) (11), Immigration and Nationality Act.
Counsel contends that if respondent were convicted merely of possession, it would not be a ground of deportation; that in the instant case respondent did not even have possession of the narcotics, but merely attempted to gain possession; and that since he has done less than an individual who actually had possession, he too should not be deported. We do not find the contention persuasive. The possession involved herein is not mere possession. It is possession with an intent to dispose of the drug unlawfully. This is sufficient to bring an alien within the provisions of section 241 (a) (11), Immigration and Nationality Act. It is clear to us that one who is in effect convicted of the crime of attempting to sell narcotics is as deportable as one convicted of the crime of selling narcotics. The appeal will be dismissed.
Order: It is ordered that the appeal be and the same is hereby dismissed.