Davila-Ruiz

MEMORANDUM *

Fabio Mauricio Davila-Ruiz, a native and citizen of Nicaragua, seeks review of a final order of removal by the Board of Immigration Appeals (BIA). We deny the petition.

I

Davila-Ruiz’s due process rights were not infringed by the form of the BIA’s disposition. The BIA did not issue a streamlined Affirmance Without Opinion under 8 C.F.R. § 1003.1 (e)(4). Cf Chen v. Ashcroft, 378 F.3d 1081, 1086-87 (9th Cir. 2004). Rather, its order was a one-member decision affirming and adopting the Immigration Judge’s (IJ) decision and providing its own reasons for denying DavilaRuiz’s requested relief. 8 C.F.R. § 1003.1 (e)(5).

II

Expungement of Davila-Ruiz’s 1997 conviction for domestic violence pursuant to Cal.Penal Code § 1203.4 did not eliminate the immigration consequences of his conviction. See Ramirez-Castro v. INS, 287 F.3d 1172, 1174-76 (9th Cir. 2002); Murillo-Espinoza v. INS, 261 F.3d 771, 773-74 (9th Cir.2001). Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000), does not provide relief because the exception we recognized for drug convictions that could satisfy the requirements of the Federal First Offender Act is inapplicable to Davila-Ruiz’s conviction. See…