Sandoval Acosta v. Holder

MEMORANDUM

Ramiro Sandoval Acosta petitions for review of the Board of Immigration Appeal’s (BIA) denial of his application for cancellation of removal. This Court has jurisdiction to review questions of law. 8 U.S.C. § 1252 (a)(2)(D). We review de novo and without deference the BIA’s interpretation of the Federal First Offender Act (FFOA), 18 U.S.C. § 3607 , because the agency does not administer the statute. de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). We deny the petition.

The BIA properly concluded that Sandoval Acosta was ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l)(C) because he was “convicted of ... a violation of ... a[ ] law ... relating to a controlled substance,” 8 U.S.C. § 1182 (a)(2)(A), and was, therefore, statutorily barred from establishing good moral character. Sandoval Acosta pleaded guilty to a 1999 charge under California Health & Safety Code § 11350 for possession of cocaine and received a deferred adjudication. The 1999 offense was not eligible for treatment as a first offense under the Federal First Offender Act, 18 U.S.C. § 3607 , such that Sandoval Acosta could avoid deportation. See Lujan-Armendariz v.…