Velasco-Aceves v. Holder

FILED
NOT FOR PUBLICATION APR 01 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARCO ANTONIO VELASCO- No. 06-75615
ACEVES,
Agency No. A076-618-140
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Marco Antonio Velasco-Aceves, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order affirming an immigration
judge’s decision denying his application for adjustment of status. We have
*
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).
IH/Research
jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law,
Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir. 2006), and we deny the
petition for review.
Contrary to Velasco-Aceves’ contention, he does not qualify for relief under
the Federal First Offender Act (“FFOA”), 18 U.S.C. § 3607, because he previously
received the state-law equivalent of FFOA relief with respect to his 1984 charge.
See De Jesus Melendez v. Gonzales, 503 F.3d 1019, 1026 (9th Cir. 2007) (alien
may not avoid the immigration consequences of a drug conviction as a first
offender when, as a result of a prior drug possession arrest, he was granted pretrial
diversion under California law and was not required to plead guilty).
PETITION FOR REVIEW DENIED.
IH/Research 2 06-75615