Sandoval Acosta v. Holder
**GMC, conviction for violating law relating to a controlled substance, FFOA**
The BIA properly concluded that Sandoval Acosta was ineligible for cancellation of removal because he was
convicted of a violation of a law relating to a controlled substance and was, therefore, statutorily barred from establishing good moral character. Sandoval Acosta pleaded guilty to a 1999 charge under CH&SC § 11350 for possession of cocaine and received a deferred adjudication. The 1999 offense was not eligible for treatment as a first
offense under the Federal First Offender Act, such that Sandoval Acosta could avoid deportation. Sandoval Acosta’s 1985 “participation in California’s pretrial diversion on a similar charge [to his 1999 controlled substances charge]
constituted his one bite at FFOA-type treatment. He need not have pleaded guilty to the 1985 charge for this to be so.
http://www.ca9.uscourts.gov/datastore/memoranda/2010/02/19/06-75798.pdf
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