Hector Tito Lujan-Armendariz v. Immigration and Naturalization Service, Mauro Roldan-Santoyo v. Immigration and Naturalization Service

REINHARDT, Circuit Judge:

This case involves two long-time residents found guilty of first time simple possession, and attempted simple possession, of narcotics, respectively. The INS seeks to remove them from the country, even though in both cases state courts have held that the petitioners are no longer “convicted” under state law, because both petitioners have received the benefit of state rehabilitative statutes. We hold that the petitioners before us do not presently stand “convicted” within the meaning of the immigration laws, and that they, therefore, are not subject to removal. We also…