Ceballos v. Mukasey

Ninth Circuit

Ceballos v. Mukasey

305 F. App'x 419

CourtCourt of Appeals for the Ninth Circuit

DecidedDecember 29, 2008

DocketNo. 06-74711

StatusPublished

This text of 305 F. App'x 419 (Ceballos v. Mukasey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ceballos v. Mukasey, 305 F. App'x 419 (9th Cir. 2008).

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Opinion

MEMORANDUM

**

Javier Ceballos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s deportation order. We have jurisdiction under 8 U.S.C. § 1252. Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006). Reviewing de novo, id., we deny the petition for review.

[420]*420The agency correctly determined that Ceballos is ineligible for relief under the Federal First Offender Act (“FFOA”) because his conviction was not for simple possession of a controlled substance. See de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1024 (9th Cir.2007) (FFOA applies to “cases involving first-time simple possession of narcotics”). Ceballos’ due process contention therefore fails, as he was deportable as a controlled substance offender, see 8 U.S.C. § 1251(a)(2)(B)© (1995), and ineligible for a waiver under 8 U.S.C. § 1182(h).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM

**

Javier Ceballos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s deportation order. We have jurisdiction under 8 U.S.C. § 1252. Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006). Reviewing de novo, id., we deny the petition for review.

[420]*420The agency correctly determined that Ceballos is ineligible for relief under the Federal First Offender Act (“FFOA”) because his conviction was not for simple possession of a controlled substance. See de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1024 (9th Cir.2007) (FFOA applies to “cases involving first-time simple possession of narcotics”). Ceballos’ due process contention therefore fails, as he was deportable as a controlled substance offender, see 8 U.S.C. § 1251(a)(2)(B)© (1995), and ineligible for a waiver under 8 U.S.C. § 1182(h).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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Bluebook (online)

305 F. App'x 419, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ceballos-v-mukasey-ca9-2008.

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