The following excerpt is from Ocon-Perez v. Immigration and Naturalization Service, 550 F.2d 1153 (9th Cir. 1977):
Finally, petitioner's Eighth Amendment contention is foreclosed by decisions of this court, the latest of which is Le Tourneur v. INS, 538 F.2d 1368 (9th Cir. 1976), holding that "deportation is not cruel and unusual punishment under the Eighth Amendment even though the penalty may be severe." 538 F.2d at 1370.
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