Estrada

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE ESTUARDO ESTRADA, aka Jose  Fermin Estrada, No. 05-75772 Petitioner, v.  Agency No.

A070-184-862

ERIC H. HOLDER, JR., Attorney

OPINION

General, Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Submitted March 4, 2009* Pasadena, California

Filed March 26, 2009

Before: Diarmuid F. O’Scannlain, Pamela Ann Rymer, and Kim McLane Wardlaw, Circuit Judges.

Opinion by Judge Rymer

*The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). COUNSEL

Henry A. Posada, Law Offices of Henry A. Posada, Downey, California, for the petitioner.

Daniel E. Goldman, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, D.C., for the respondent.

OPINION

RYMER, Circuit Judge:

The question before us is whether an alien whose state con- viction for possession of drug paraphernalia was expunged 3650 ESTRADA v. HOLDER under state law, but who violated the terms of his probation before expungement, would have been…