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New Federal Case Implicating Drug Cases

YOU CAN'T AVOID IMMIGRATION CONSEQUENCES BY GETTING A DISMISSAL AFTER DIVERSION

     In Lujan-Armendariz (222 F.3d 728), the 9th circuit ruled that when a state grants a first-time expungement of a conviction for certain drug crimes based on successful narcotics rehabilitation, that conviction does NOT qualify as a conviction for federal immigration purposes, provided that probation had never been revoked before dismissal. This meant that a first-time dismissal under old-fashioned drug diversion, Prop. 36, DEJ, or (sometimes) PC 1203.4, would preclude deportation. 

The 9th circuit now overrules Lujan-Armendariz.  So dismissals under these provisions will NOT provide immigration protection.  The 9th circuit makes this prospective, so convictions entered before July 14, 2011can still be wiped out by a dismissal.  Convictions entered after won't (unless the US Supreme Court intervenes--stay tuned).

     Nunez-Reyes v. Holder; 2011 DJ DAR 10653; DJ, 7/15/11; 9th Cir. Fed C/A

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