ESTRADA v. HOLDER

No. 05-75772.

560 F.3d 1039 (2009)

Jose Estuardo ESTRADA, aka Jose Fermin Estrada, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2009.


Attorney(s) appearing for the Case

Henry A. Posada, Law Offices of Henry A. Posada, Downey, CA, for the petitioner.

Daniel E. Goldman, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and KIM McLANE WARDLAW, Circuit Judges.


RYMER, Circuit Judge.

The question before us is whether an alien whose state conviction for possession of drug paraphernalia was expunged under state law, but who violated the terms of his probation before expungement, would have been eligible for relief under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607(a). Generally, expungement of convictions under state rehabilitative statutes does not negate the immigration consequences of the conviction. Notwithstanding...

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