Ramirez

MEMORANDUM **

Sergio Ramirez, a native and citizen of Mexico, petitions for review from a decision of the Board of Immigration Appeals (BIA) affirming an Immigration Judge’s (IJ) determination that Ramirez was ineligible for cancellation of removal as a result of his 1990 conviction for possession of cocaine. Ramirez also petitions for review from the BIA’s denial of his motion to reconsider.

The IJ correctly found Ramirez, a non-permanent resident alien, ineligible for *852 cancellation of removal because of his 1990 conviction for possession of cocaine. See 8 U.S.C. § 1229b(b)(l)(C) (alien convicted of controlled substances violation is ineligible for cancellation of removal for nonpermanent residents). Citing Lujaiir-Annendariz v. INS, Ramirez contends that his conviction for simple possession qualifies him for relief under the Federal First Offender Act (FFOA), 21 U.S.C. § 844 . 222 F.3d 728, 749-50 (9th Cir.2000) (convictions in state court that, if tried in federal court, would qualify under the FFOA are not convictions under the Immigration Nationality Act). Ramirez cannot benefit from the limited Lujan-Armendmiz exception because he is not a first offender. As both the…