Villamor Yasay v. Eric H. Holder Jr.

MEMORANDUM

Villamor Yasay appeals the final order of the Board of Immigration Appeals rendering him removable from the United States under 8 U.S.C. § 1227 (a)(2)(A)(iii) for being convicted of an aggravated felony as defined by 8 U.S.C. § 1101 (a)(43).

We review de novo Yasay’s claims. Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir.2002); Estrada-Espinoza v. Mukasey, 546 F.3d 1147, 1152 (9th Cir.2008) (en banc).

Yasay alleges that he has not been convicted as defined by 8 U.S.C. § 1101 (a)(48)(A). Yasay first contends that his deferred no contest plea was not entered because it was not formally accepted by the court. We have considered “deferred adjudication” laws previously in Lujan-Amiendariz v. INS, 222 F.3d 728 , 734-35 n. 11 (9th Cir.2000). It is irrelevant whether a conviction or nolo plea is deferred or expunged for the purposes of conviction under the INA. Id. at 735 . This is simply an instance where “the federal government may consider someone ‘convicted’ when the state determines not to do so.” Id. at 736 . Second, Yasay argues that because his arrest record is expunged and the charges are dismissed, he is not convicted. We have held that expungement does not…