Maria Vitela-De Villanueva v. Loretta E. Lynch ( 2015 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUL 21 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
MARIA ISABEL VITELA-DE No. 10-73905
VILLANUEVA, AKA Maria Vitela De
Damian, Agency No. A075-611-367
Petitioner,
MEMORANDUM*
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 9, 2015**
Pasadena, California
Before: REINHARDT, TASHIMA, and CLIFTON, Circuit Judges.
Maria Vitela-de Villanueva (“Vitela”) petitions this court for review of the
Board of Immigration Appeals’ (“BIA”) order affirming her removability under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2)(C).
INA § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), and her ineligibility for
cancellation of removal under INA § 240A(b)(1), 8 U.S.C. § 1229b(b)(1).
Vitela pled guilty to possession of a controlled substance under Cal. Health
& Safety Code § 11377(a). She subsequently failed to comply with the terms of
her grant of deferred entry of judgment under Cal. Penal Code § 1000 et seq., and
the trial court “render[ed] a finding of guilt” against her in accordance with the
earlier plea. Because of her failure to abide by the terms of the deferred judgment
program, Vitela would have been ineligible for relief under the Federal First
Offender Act had she been prosecuted in federal court. See 18 U.S.C. § 3607(a).
Accordingly, the subsequent expungement of her conviction did not eliminate its
immigration consequences. See Estrada v. Holder, 560 F.3d 1039, 1042 (9th Cir.
2009). The BIA thus did not err in concluding that Vitela was ineligible for
cancellation of removal under § 1229b(b)(1) for having been convicted of a crime
“relating to a controlled substance.” 8 U.S.C. § 1182(a)(2)(A)(i)(II).
The petition for review is DENIED.
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