United States Ninth Circuit

An alien may not avoid the immigration consequences of a drug conviction as a "first time offender" when, as the result of a previous arrest for drug possession, he was granted "pretrial diversion" under a state rehabilitation scheme that did not require him to plead guilty.

Appellate Information

• Argued 04/20/2007
• Decided 09/19/2007
• Published 09/19/2007

Judges

• FEESS, District Judge:, Before:  MARY M. SCHROEDER, Chief Circuit Judge, STEPHEN S. TROTT, Circuit Judge, and GARY A. FEESS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lamar Peckham, Santa Rosa, CA, for the petitioner.


• For Appellees:
  
• Marshall Tamor Golding, United States Department of Justice, Washington, DC, for the respondent.