Romero

I. FACTS AND PROCEDURAL HISTORY

Romero was born in Mexico in July 1977. In February 1988, when Romero was ten years old, he accompanied his mother into the United States. At that time, his mother pos- sessed a valid Border Crossing Card, which permitted them to remain in the United States for no more than seventy-two hours. Romero has continuously resided in this country since his entry. Both Romero’s parents are now lawful permanent residents.

In 1998, when Romero was twenty years old, he was arrested for possession of a controlled substance in violation of California Health and Safety Code § 11377(a). Romero was allowed to participate in California’s drug rehabilitation program under California Penal Code § 1000.

Pursuant to the rehabilitation program, in April 1998, Romero pled guilty to one count of simple possession of a controlled substance, and the judge deferred entry of judg- ment for eighteen months. When a defendant successfully completes the deferred judgment program, the criminal charges against him or her are dismissed. Cal. Penal Code § 1000.3 (stating that “[i]f the defendant has performed satis- factorily during the period in which deferred entry of judg-…