Ceja-Rivera v. Holder

FILED
NOT FOR PUBLICATION DEC 07 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
J. REFUGIO CEJA-RIVERA, aka Jose No. 07-71782
Rivera,
Agency No. A072-294-331
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Refugio Ceja-Rivera, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision finding him ineligible to adjust status due to his
*
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).
LA/Research
controlled substance offenses. We have jurisdiction under 8 U.S.C. § 1252.
Reviewing de novo the agency’s legal determination, see Aguiluz-Arellano v.
Gonzales, 446 F.3d 980, 983 (9th Cir. 2006), we deny the petition for review.
We deny as moot Ceja-Rivera’s request to hold this case in abeyance for
proceedings in de Jesus Melendez v. Gonzales, 503 F.3d 1019 (9th Cir. 2007),
r’hearing denied.
We agree with the agency’s conclusion that Ceja Rivera’s second controlled
substance offense is not amenable to treatment under the Federal First Offenders
Act, 18 U.S.C. §3607. See id. at 1025-27. Ceja-Rivera’s contention that his
second offense does not constitute a conviction for immigration purposes is not
persuasive. See id.
PETITION FOR REVIEW DENIED.
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