United States Ninth Circuit

Petition for review of the BIA's order removing petitioner from the U.S. based on a prior controlled substance offense is granted where 8 U.S.C. section 1101(a)(48)'s definition of "conviction" did not include criminal judgments whose only consequence was a suspended non-incarceratory sanction.

Appellate Information

• Argued 10/06/2009
• Decided 01/07/2010
• Published 01/07/2010

Judges

• Before: WILLIAM A. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and LOUIS H. POLLAK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Todd Bennett, El Cerrito, CA, for the petitioner.


• For Appellees:
  
• Bryan Stuart Beier, U.S. Department of Justice, Washington, D.C., for the respondent.