Nunez-Reyes v. Holder, Jr., No. 05-74350 (9th Cir. 2011)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision denying his application for cancellation of removal. At issue was whether a state court conviction for a simple-possession drug crime, later expunged by the state court, nevertheless constituted a "conviction" for federal immigration purposes. The court held that the constitutional guarantee of equal protection did not require treating, for immigration purposes, an expunged state conviction of a drug crime the same as a federal drug conviction that had been expunged under the Federal First Offender Act, 18 U.S.C. 3607(b). Therefore, the court overruled its holding to the contrary in Lujan-Armendariz v. INS. The court also held that, in light of the equities and other considerations, the court would apply this new rule only prospectively. Accordingly, the court held that the BIA did not err and affirmed the judgment.
This opinion or order relates to an opinion or order originally issued on April 23, 2010.
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