AGUILAR BARILLAS v. BARR (2020)

MEMORANDUM **

Miguel Enrique Aguilar-Barillas, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge's decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. See Estrada v. Holder, 560 F.3d 1039, 1041 n.1 (9th Cir. 2009), overruled on other grounds by Madrigal-Barcenas v. Lynch, 797 F.3d 643 (9th Cir. 2015). We deny the petition for review.

The BIA did not err in concluding that Aguilar-Barillas's 2007 conviction under California Health and Safety Code § 11377(a) was ineligible for Federal First Offender Act (“FFOA”) treatment, where, notwithstanding the later dismissal of his conviction under state law, the record shows he failed to abide by the terms of his grant of deferred entry of judgment. See id. at 1042 (“FFOA relief is not available when the person whose conviction is expunged has violated a condition of probation.”); see also 18 U.S.C. §§ 3607(a), 3565 (FFOA authorizes dismissal of proceedings “if the person has not violated a condition of his probation”).

The record does not support Aguilar-Barillas's contentions that the BIA failed to consider evidence or provided insufficient reasoning.

On January 13, 2015, the court granted a stay of removal. The stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.