Legal Opinion
De Jesus Melendez v. Gonzales
Court of Appeals for the Ninth Circuit
Decided September 19, 2007No. 05-73581PublishedCited by 45 opinions
1Opinion of the Court
FEESS, District Judge:
This case presents the question whether an alien may avoid the immigration consequences of a drug conviction as a “first time offender” when, as the result of a previous arrest for drug possession, he was granted “pretrial diversion” under a state rehabilitation scheme that did not require him to plead guilty. We hold that he may not.
I
INTRODUCTION
Petitioner William de Jesus Melendez appeals from a decision of the Board of Immigration Appeals (“BIA”) denying his motion for adjustment of status and ordering him removed to El Salvador. Petitioner entered the United States…
2Cases cited14 opinions
- Immigration & Naturalization Service v. ChadhaSupreme Court of the United States · 1983
- Mathews v. DiazSupreme Court of the United States · 1976
- Gourgen Movsisian v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
- Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
- Almaghzar v. GonzalesCourt of Appeals for the Ninth Circuit · 2006
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3Cited by45 opinions
- Crespin-Valladares v. HolderCourt of Appeals for the Fourth Circuit · 2011
- Mielewczyk v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Ramirez-Altamirano v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Salvador Robles Lopez v. Jefferson Sessions, IIICourt of Appeals for the Ninth Circuit · 2018
- Rice v. HolderCourt of Appeals for the Ninth Circuit · 2010
40 more not listed; retrieve them via the Exa API.