Dela Cruz v. Gonzales

MEMORANDUM **

Darwin Gonzalo Dela Cruz petitions for review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the Immigration Judge’s (“IJ”) finding that Dela Cruz was removable under § 237(a)(2)(B)® of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227 (a)(2)(B)®. Dela Cruz argues that he cannot be removed for his drug conviction because he qualifies for Federal First Offender Act (“FFOA”) treatment under 18 U.S.C. § 3607 . Dela Cruz also argues that the BIA erred in failing to grant or address his motion to remand for consideration of new evidence unrelated to his drug conviction.

Dela Cruz was placed in removal proceedings after he was convicted of three crimes: Promoting a Dangerous Drug in the Third Degree, Haw.Rev.Stat. § 712-1243; Prohibited Acts Related to Drug Paraphernalia, Haw.Rev.Stat. § 329-43.5; and Abuse of a Family or Household Member, Haw.Rev.Stat. § 709-906. Dela Cruz was sentenced for his drug convictions in 2003 under Hawaii’s rehabilitative statute, Haw.Rev.Stat. § 706-622.5. That statute provides that the court shall, upon written application, expunge a first-time offender’s formal conviction after the person has…