DE JESUS MELENDEZ v. GONZALES

No. 05-73581.

503 F.3d 1019 (2007)

William DE JESUS MELENDEZ, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 19, 2007.


Attorney(s) appearing for the Case

Lamar Peckham, Santa Rosa, CA, for the petitioner.

Marshall Tamor Golding, United States Department of Justice, Washington, DC, for the respondent.

Before: MARY M. SCHROEDER, Chief Circuit Judge, STEPHEN S. TROTT, Circuit Judge, and GARY A. FEESS, District Judge.


FEESS, District Judge:

This case presents the question whether an alien may avoid the immigration consequences of a drug conviction as a "first time offender" when, as the result of a previous arrest for drug possession, he was granted "pretrial diversion" under a state rehabilitation scheme that did not require him to plead guilty. We hold that he may not.

I.

INTRODUCTION

Petitioner William de Jesus Melendez appeals from...

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