FILED
UNITED STATES COURT OF APPEALS NOV 03 2011
MOLLY C. DWYER, CLERK
FOR THE NINTH CIRCUIT U.S . CO U RT OF AP PE A LS
MANUEL JAIMES-MENDOZA, No. 06-72479
Petitioner, Agency No. A075-570-154
v.
ORDER
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Respondent's petition for panel rehearing is granted. The memorandum
disposition filed on June 9, 2010, is withdrawn and a superseding memorandum
disposition will be filed concurrently with this order.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT NOV 03 2011
MOLLY C. DWYER, CLERK
U.S . CO U RT OF AP PE A LS
MANUEL JAIMES-MENDOZA, No. 06-72479
Petitioner, Agency No. A075-570-154
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Manuel Jaimes-Mendoza, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals' ('BIA') order dismissing his appeal
from an immigration judges' order denying his application for adjustment of status.
We have jurisdiction under 8 U.S.C. y 1252. We review de novo questions of law,
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Nunez-Reyes v. Holder, 646 F.3d 684, 688 (9th Cir. 2011) (en banc), and we deny
the petition for review.
The BIA correctly determined that Jaimes-Mendoza is inadmissible due to
his conviction for being under the influence of cocaine pursuant to Cal. Health &
Safety Code y 11550, despite his subsequent relief under Cal. Health & Safety
Code y 1203.4. See Nunez-Reyes, 646 F.3d at 695 (Federal First Offender Act
exception not available for 'under the influence' convictions); Ramirez-Castro v.
INS, 287 F.3d 1172, 1174 (9th Cir. 2002) (state expungement of a criminal
conviction generally does not remove its immigration consequences).
PETITION FOR REVIEW DENIED.
2 06-72479