Martinez-Dominguez v. Gonzales , 171 F. App'x 14 ( 2006 )

MEMORANDUM ^*

Petitioner Miguel Angel Martinez-Dominguez (“Martinez-Dominguez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ final order of removal, which affirmed the Immigration Judge’s decision finding him removable under 8 U.S.C. § 1227(a)(2)(B)(1),¹ as an alien who has been convicted of a controlled substance offense.² This court has jurisdiction to review Martinez-Dominguez’s petition pursuant to 8 U.S.C. § 1252(a)(2)(D), as amended by the REAL ID Act of 2005, Pub.L. No. 109-13, Div. B., § 106(a)(l)(A)(iii), 119 Stat. 231, 310 (2005). See Notash v. Gonzales, 427 F.3d 693, 695-96 (9th Cir.2005).

Because Martinez-Dominguez’s state conviction has not been expunged, he does not qualify for the benefits of the Federal First Offender Act. Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1290-91 (9th Cir. 2004). Accordingly, the petition for review is DENIED.

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

1 . Section 1227(a)(2)(B)(i), provides that ”[a]ny alien who at any time after admission has been convicted of a violation of ... any law ... relating to a controlled substance (as defined in section 802 of Title 21) ... is deportable.”

2 . In 2003, Martinez-Dominguez was convicted of being under the influence of a controlled substance, methamphetamine, in violation of section 11550(a) of the California Health and Safety Code.