Manuel Mendoza v Holder

457 F. App'x 663

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 3, 2011
• Docket: 06-72479
• Status: Unpublished

Opinion

ORDER

Respondent’s petition for panel rehearing is granted. The memorandum disposition filed on June 9, 2010, 382 Fed.Appx. 644, is withdrawn and a superseding memorandum disposition will be filed concurrently with this order.

MEMORANDUM **

Manuel Jaimes-Mendoza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judges’ order denying his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Nunez-Reyes v. Holder, 646 F.3d 684, 688 (9th Cir.2011) (en banc), and we deny the petition for review.

The BIA correctly determined that Jaimes-Mendoza is inadmissible due to his conviction for being under the influence of cocaine pursuant to Cal. Health & Safety Code § 11550, despite his subsequent relief under Cal. Penal Code § 1203.4. See Nunez-Reyes, 646 F.3d at 695 (Federal First Offender Act exception not available for “under the influence” convictions); Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir.2002) (state expungement of a criminal conviction generally does not remove its immigration consequences).

PETITION FOR REVIEW DENIED.

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