Vacilio Aguiluz-Arellano v. Alberto R. Gonzales, Attorney General

Vacilio Aguiluz-Arellano petitions for review of a final removal order, arguing that the BIA erred in finding that Aguiluz^ Arellano’s conviction for being under the influence of a controlled substance did not fall within the scope of the Federal First Offender Act (FFOA), 18 U.S.C. § 3607 , and therefore that the BIA erred in concluding that Aguiluz-Arellano was removable under 8 U.S.C. § 1227 (a)(2)(B)®. We have jurisdiction, and we deny the petition for review.

I

Aguiluz-Arellano is a native and citizen of Mexico, and a lawful permanent resident of the United States. In 1997 he was convicted of a misdemeanor violation of California Health and Safety Code section 11377(a) (prohibiting the possession of a controlled substance). Because of that conviction, an Immigration Judge (IJ) found him removable, but granted Agui-luz-Arellano cancellation of removal on April 17,1998.

On October 25, 2001, Aguiluz-Arellano pled guilty to one misdemeanor violation of California Health and Safety Code section 11550(a) (prohibiting the use of or being under the influence of a controlled substance). The conviction was subject to the Substance Abuse and Crime Prevention Act, Cal. Penal Code §…