United States Fifth Circuit

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Danso v. Gonzales, 05-60919

Equal protection does not prohibit IJs or the BIA from refusing to give effect to an expungement under England's Rehabilitation of Offenders Act (ROA), even if the alien facing removal arguably could have availed himself of the expungement procedures set forth in the Federal First Offenders Act (FFOA). A decision denying petitioner's requests for cancellation of removal and adjustment of status, and ordering him removed from the U.S., is affirmed where: 1) the BIA did not violate petitioner's constitutional right to equal protection by disregarding the foreign expungement of his prior drug conviction; and 2) the BIA did not err as a matter of law in holding him statutorily ineligible for cancellation of removal or adjustment of status.

Appellate Information

  • Decided 06/15/2007
  • Published 06/18/2007


  • WIENER, Circuit Judge:, Before KING, WIENER, and OWEN, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • Joyce A. Shatteen, Dallas, TX, for Danso.

  • For Appellees:
  • Saul Greenstein, Thomas Ward Hussey, Dir., Linda Susan Wendtland, John Clifford Cunningham, Shelley R. Goad, Civ. Div., U.S. Dept. of Justice, OIL, Washington, DC, Anne M. Estrada, U.S. INS, Dallas, TX, Trey Lund, U.S. Imm. & Customs Enforcement, Field Office Dir., Attn: Carl Perry, New Orleans, LA, for Respondent.