Rascon

MEMORANDUM †

Petitioner Maria Esperanza Rascón seeks review of the Board of Immigration Appeals’ (“BIA”) removal order, which affirmed the decision of the immigration judge without a written opinion, as well as the BIA’s decision to deny her motion to reconsider. Rascón argues that, under the Federal First Offender Act, 18 U.S.C. § 3607 (2004), the expungement of two of her state law controlled substance convictions negates their use in determining her eligibility for adjustment of status and can *48 cellation of removal. For the reasons discussed below, we DENY the petition.

I.

Rascón entered the United States from Mexico unlawfully and without inspection in 1972. In 1986, she was convicted three times for being under the influence of a controlled substance in violation of section 11550 of the California Health & Safety Code: (1) case number 31-364-118 (convicted of violating section 11550(a) on June 6,1986); (2) case number 31-344-207 (convicted of violating section 11550(a) on June 6, 1986); and (3) case number 31-327-319 (convicted of violating section 11550(b) on July 31, 1986). The conviction in case number 31-364-118 was expunged in July 2000 pursuant to section 1203.4…