Estrada v. Holder

RYMER, Circuit Judge:

The question before us is whether an alien whose state conviction for possession of drug paraphernalia was expunged under state law, but who violated the terms of his probation before expungement, would have been eligible for relief under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607(a). Generally, expungement of convictions under state rehabilitative statutes does not negate the immigration consequences of the conviction. Notwithstanding this, an alien is not removable if — had he been prosecuted in federal court — he would have qualified for relief under the…