Nikisha Calliste v. Eric H. Holder Jr.

MEMORANDUM

Petitioner Nikisha Calliste (“Petitioner”), a native and citizen of Trinidad and Tobago, petitions for review of the final decision of the Board of Immigration Appeals dismissing her appeal from a decision of an Immigration Judge (“IJ”). The IJ found her subject to removal from the United States and, due to a narcotics conviction in Arizona, ineligible for relief from removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition.

1. Petitioner argues that the ex-pungement of her conviction means that, pursuant to the Federal First Offender Act (the “FFOA”), it may not render her ineligible for relief from removal. See 18 U.S.C. § 3607 (c). Petitioner’s conviction and expungement were under Arizona law. This court recently reversed its prior position that expunged state drug convictions must be treated the same as federal drug convictions expunged under the FFOA. However, that reversal is prospective only, so that our prior rule extending FFOA treatment to expunged state convictions theoretically could apply to Petitioner’s conviction. Nunez-Reyes v. Holder, 646 F.3d 684, 689-90, 694-95 (9th Cir.2011) (en banc); see Lujan-Armendariz v. INS, 222…