Legal Opinion

Rice v. Holder

Court of Appeals for the Ninth Circuit

Decided February 26, 2010No. 05-74297PublishedCited by 16 opinions

1Opinion of the Court

Opinion by Judge BERZON; Concurrence by Judge IKUTA.

*954BERZON, Circuit Judge:

We must decide whether first-time offenders convicted of using or being under the influence of a controlled substance pursuant to Cal. Health & Safety Code § 11550, where such offenders are subsequently granted relief under CaLPenal Code § 1203.4, are eligible for the same immigration treatment as those convicted of simple drug possession whose convictions are expunged under the Federal First Offender Act (FFOA). We hold that they are.

FACTUAL AND PROCEDURAL BACKGROUND

Juan Jose Jimenez Rice is a national and citizen of…

2Cases cited10 opinions

  1. Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2000
  2. Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994
  3. Dennis Medina-Morales v. John Ashcroft, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
  4. Jose Roberto Ramirez-Castro v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2002
  5. Roberta Charmaine Garberding v. Immigration & Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1994

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3Cited by16 opinions

  1. Nunez-Reyes v. HolderCourt of Appeals for the Ninth Circuit · 2011
  2. Nunez-Reyes v. HolderCourt of Appeals for the Ninth Circuit · 2010
  3. Nunez-Reyes v. HolderCourt of Appeals for the Ninth Circuit · 2010
  4. Jerry Villavicencio-Rojas v. Loretta E. LynchCourt of Appeals for the Ninth Circuit · 2016
  5. Nunez-Reyes v. HolderCourt of Appeals for the Ninth Circuit · 2010

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