State Rehabilitative Statute Found to Cure Removal Ground

The Ninth Circuit Court of Appeals today (August 1, 2000) overturned the BIA’s decision in Matter of Roldan, Int. Dec. 3377 (BIA 1999). The Court held that two long-time permanent residents were no longer “convicted” of narcotics violations under state law because they had received the benefit of state rehabilitative statutes.  Therefore they were not subject to removal.  The Court also held that the Federal First Offender Act was not repealed in whole or in part by the recent amendments to the immigration laws, and that persons whose offenses would qualify for treatment under the First Offender Act but who are convicted and have their convictions expunged under state laws may not be removed on account of those offenses.  Lugan-Armendariz v INS, Case No. 9670431, 9th Cir. 8/1/00.