Ruben Hernandez Corona v. Eric Holder ( 2011 )

FILED
NOT FOR PUBLICATION OCT 31 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RUBEN HERNANDEZ CORONA, No. 09-73927
Petitioner, Agency No. A095-760-798
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted October 25, 2011 **
Before: TROTT, GOULD, and RAWLINSON, Circuit Judges.
Ruben Hernandez Corona, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review de novo questions of law, Nunez-Reyes v. Holder, 646 F.3d 684, 688
(9th Cir. 2011) (en banc), and we deny the petition for review.
Hernandez Corona’s violation of the terms of his grant of deferred entry of
judgment under Cal. Penal Code § 1000 et seq. would have rendered him ineligible
for a disposition under the Federal First Offender Act had his crime been
prosecuted in federal court. See 18 U.S.C. § 3607(a) (allowing for dismissal of
proceedings, either during or at the end of a period of probation, “if the person has
not violated a condition of his probation”). Accordingly, the subsequent
expungement of Hernandez Corona’s conviction under Cal. Penal Code § 1203.4does not eliminate its immigration consequences. See Estrada v. Holder, 560 F.3d
1039, 1042 (9th Cir. 2009); see also Nunez-Reyes, 646 F.3d at 713 (“[P]ersons who
received the benefit of a state expungement law were not subject to deportation as
long as they could have received the benefit of the FFOA if they had been
prosecuted under federal law.”) (emphasis in original) (citation and quotations
omitted).
PETITION FOR REVIEW DENIED.
2 09-73927