Tooby's California Post-Conviction Relief for Immigrants

There are two circumstances in which the defendant is not eligible for FFOA treatment of a qualifying offense:

(1)     The person cannot previously have “been convicted of violating a Federal or State law relating to controlled substances;” and

(2)     The person cannot have “previously been the subject of a disposition under this subsection . . . .” [19]

In other words, if the defendant has a prior state or federal conviction “relating to”[20] any controlled substance, of any kind, s/he is disqualified from FFOA treatment of the current conviction for possession of a controlled substance.  Second, if the person has previously received FFOA treatment, s/he is disqualified from receiving FFOA treatment for the current (second) offense.

[19] 18 U.S.C. § 3607(a)(1) & (2).

[20] This is the same phrase used in the controlled substance offense grounds of inadmissibility and deportability, suggesting that decisions defining the boundaries of those grounds may be used in this context as well.  INA § 212(a)(2)(A)(i)(II), 8 U.S.C. § 1182(a)(2)(A)(i)(II); INA § 237(a)(2)(B), 8 U.S.C. § 1227(a)(2)(B).