Aggravated Felonies

Aggravated felony convictions that were eliminated under state rehabilitative statutes without any claim of legal invalidity will generally continue to exist for immigration purposes.  See § 6.12, infra.  The Federal First Offender Act provides for withholding judgment, followed by dismissal, for first convictions in federal court of simple possession of any controlled substance.  After dismissal, this disposition shall not be used against the defendant for any purpose whatsoever, which includes immigration purposes.  See § 6.13, infra.  The Ninth Circuit has held that equal protection requires the same treatment be afforded to state and foreign rehabilitative relief where the defendant would have qualified for Federal First Offender Act treatment if prosecuted in federal court.  See § 6.14, infra.