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AGUILUZ-ARELLANO v. GONZALES

No. 03-73856.

446 F.3d 980 (2006)

Vacilio AGUILUZ-ARELLANO, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2006.

Attorney(s) appearing for the Case

A. Dario Aguirre, San Diego, CA, for petitioner Vacilio Aguiluz-Arellano.

Lyle D. Jentzer, U.S. Department of Justice, Washington, D.C., for respondent Alberto Gonzales.

Before DAVID R. THOMPSON and THOMAS G. NELSON, Senior Circuit Judges, and RONALD M. GOULD, Circuit Judge.

GOULD, Circuit Judge.

Vacilio Aguiluz-Arellano petitions for review of a final removal order, arguing that the BIA erred in finding that Aguiluz-Arellano's conviction for being under the influence of a controlled substance did not fall within the scope of the Federal First Offender Act (FFOA), 18 U.S.C. § 3607, and therefore that the BIA erred in concluding that Aguiluz-Arellano was removable under 8 U.S.C. § 1227(a)(2)(B)(i). We have jurisdiction, and we...

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