Mielewczyk

I. FACTUAL AND PROCEDURAL BACKGROUND

Mielewczyk is a native and citizen of Poland who was admitted to the United States as a refugee on June 13, 1984, at the age of thirteen. On October 4, 2005, he received a waiver of criminal grounds for inadmissibility and readjusted his status to lawful permanent residency.

On July 19, 2006, Mielewczyk was charged by information with two felony counts under California law. Count one alleged “possession for sale of a controlled substance, in vio- lation of Health and Safety Code section 11351, a felony.” Count two alleged “sale/transportation/offer to sell controlled substance, in violation of Health and Safety Code section 11352(a), a felony.” Both counts alleged that the crimes involved “a controlled substance, to wit, Heroin.”

Mielewczyk signed a plea agreement that declared he was accused of “Possession of Heroin for Sale” and “Transporta- tion of Heroin.” He pleaded guilty to count two, charging a violation of California Health and Safety Code section 11352(a), for the offense of “Transportation of Heroin for Personal Use.” Mielewczyk was sentenced to one hundred days in county jail and thirty-six months of probation. Later, at a…