Carmona-Ramirez

Carmona-Ramirez v. Gonzales

Good Law
125 F. App'x 861
United States Court of Appeals for the Ninth CircuitApril 11, 2005No. 04-70650, A70-70650California280 words

Opinion

Lead Opinion

MEMORANDUM ***

Lidia Carmona-Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“Board”) dismissal of her appeal of an immigration judge’s denial of her application for adjustment of status. We dismiss the petition for review.

Because this deportation proceeding was initiated before April 1, 1997, and the Board issued its decisions after October 30, 1996, this case is governed by the transitional rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Magana-Pizano v. INS, 200 F.3d 603, 607 (9th Cir.1999). Our jurisdiction is limited to determining whether Carmona-Ramirez was inadmissible by reason of her 1985 controlled substance conviction. See 8 U.S.C. § U82(a)(2)(A)(i)(II); Magana-Pizano, 200 F.3d at 607 . We review de novo the Board’s interpretation of the Immigration and Nationality Act. Ramirez-Castro v. INS, 287 F.3d 1172, 1174 (9th Cir.2002).

Carmona-Ramirez contends that the ex-pungement of her conviction for possession for sale of heroin pursuant to California Penal Code section 1203.4 eliminates the immigration consequences of that offense. We rejected this contention in Ramirez-Castro v.…

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