Alejandro Baez-Orozco v. Loretta E. Lynch

627 F. App'x 638

• Court: Court of Appeals for the Ninth Circuit
• Decided: December 17, 2015
• Docket: 13-71152
• Status: Unpublished

Opinion

MEMORANDUM ***

.Alejandro Baez-Orozco challenges the decision of the Board of Immigration Appeals (“BIA”) affirming the Immigration Judge’s denial of his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 and deny the petition for review.

The BIA reasonably concluded Baez’s prior drug convictions retained their immigration consequences because they were expunged under a rehabilitative statute, CaLPenal Code § 1210,1. See Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir.2002) (“For immigration purposes, a person continues to stand convicted of an offense notwithstanding a later expungement under a state’s rehabilitative law.”). The statute under which Baez obtained relief requires completion of a drug treatment program and substantial compliance with the conditions of probation, and leaves in place a number of civil disabilities. Although Baez’s convictions were dismissed, that dismissal “does not reflect a judgment about the merits of the underlying adjudication of guilt.” In re Marroquin-Garcia, 23 I. & N. Dec. 705, 713-14 (BIA 1997, A.G.2005).

Baez also fails to distinguish CalJPenal Code § 1210.1 from a similar statute this Court has previously recognized as rehabilitative, CaLPenal Code § 1203.4. See Ramirez-Castro, 287 F.3d at 1175-76; see also Marroquin-Garcia, 23 I. & N. Dec. at 713-14. Because Baez continues to stand convicted of his offenses for immigration purposes, he was properly found ineligible for a status adjustment.

DENIED.

*** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.