Diaz-Gonzalez

ORDER

This case is hereby resubmitted as of March 15, 2001.

MEMORANDUM *

Silverio Diaz-Gonzalez appeals his conviction of attempted entry after deportation in violation of 8 U.S.C. § 1326 . We have jurisdiction over this timely appeal under 28 U.S.C. § 1291 and we reverse and remand.

FACTS AND PRIOR PROCEEDINGS

In 1987, following a California conviction of possession of heroin and cocaine for purposes of sale, Diaz-Gonzalez was deported from the United States under alien registration number A27570347. In 1990, Diaz-Gonzalez’s conviction for his drug felony was set aside pursuant to § 1203.4 of the California Penal Code. The set-aside order stated that it did “not relieve a person of the obligation to disclose the conviction in response to any direct question contained in any questionnaire.” In 1996, Diaz-Gonzalez submitted an Application to Register Permanent Residence or Adjustment of Status using alien registration number A72298998 and the last name Diaz de Gonzalea. On the questionnaire attached to the application, Diaz-Gonzalez did not disclose his drug trafficking conviction and deportation. As a result of the application, the Immigration and Naturalization Service…