Post-Conviction Relief for Immigrants

(E)  Pardon Effective Only As to Specific Offense.  In Roccaforte v. Mulcahey,[151] the District Court held deportable a noncitizen who had been convicted in 1945 of (1) breaking and entering in the nighttime with intent to commit burglary and larceny, and (2) possession of burglary tools with intent to commit larceny.  He had been ordered deported for the former offense, and had received a pardon for the latter offense.  Nothing forbids basing a deportation order on an unpardoned conviction merely because a pardon has been granted for a second conviction in the same criminal scheme.

[151] Roccaforte v. Mulcahey, 169 F.Supp. 360 (D. Mass. 1958), aff’d, 262 F.2d 957 (1st Cir. 1959).