RICE v. HOLDER

No. 05-74297.

597 F.3d 952 (2010)

Juan Jose Jimenez RICE, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed February 26, 2010.


Attorney(s) appearing for the Case

Nathan M. Zaslow, San Francisco, California, for the petitioner.

Peter D. Keisler, David V. Bernal, and Jamie M. Dowd, U.S. Department of Justice, Washington, DC, for the Attorney General.

Opinion by Judge BERZON; Concurrence by Judge IKUTA.


BERZON, Circuit Judge:

We must decide whether first-time offenders convicted of using or being under the influence of a controlled substance pursuant to Cal. Health & Safety Code § 11550, where such offenders are subsequently granted relief under Cal.Penal Code § 1203.4, are eligible for the same immigration treatment as those convicted of simple drug possession whose convictions are expunged under the Federal...

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