Post-Conviction Relief for Immigrants
§ 8.5 C. Exception: State FFOA Analogues in the Ninth Circuit
For more text, click "Next Page>"
Federal First Offender Act-like treatment in state court eliminates all immigration consequences of first offense simple possession of any drug or gratuitous distribution of a “small amount” of marijuana where the defendant would have been eligible for FFOA treatment if prosecuted in federal court.[23]
The rule has been extended to convictions of possession of drug paraphernalia and logically includes other more minor controlled-substance convictions of offenses that are not prohibited under federal law, such as being under the influence of drugs, or being in a place in which drugs are used.[24]
[23] Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000); 21 U.S.C. § 841(b)(4).
[24] Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000).
