Nunez-Reyes v. Holder

PREGERSON, Circuit Judge,

with whom

Judge B. FLETCHER joins, dissenting:

Lujar-Armendariz v. INS, 222 F.3d 728 (9th Cir.2000), holds that equal protection of the laws is violated by denying Federal First Offender Act (“FFOA”) relief to aliens whose first-time minor drug offenses were expunged by a state-court judge after the offender successfully completed a state-approved rehabilitation program. The majority overturns this well-established circuit precedent and in doing so overturns a number of our cases that followed the Lujan-Armendariz rule. In addition to the three-judge panel opinion in…