9th Circuit, First Drug Conviction – Lujan-Armendariz overturned – prospectively only

9th Circuit, First Drug Conviction – Lujan-Armendariz overturned – prospectively only FYI….from Immigrant Legal Resource Center, San Francisco, California —- 9th Cir Crim/Imm & First Drug Conviction — Lujan-Armendariz is overturned – prospectively only!!!! July 14, 2011 Today the Ninth Circuit en banc withdrew from the Lujan-Armendariz decision and held that “rehabilitative relief” will no longer eliminate a first conviction for simple possession or a similar other minor drug offense. Generally, rehabilitative relief is expungement or other withdrawal of plea after successful completion of probation, such as, in California, under DEJ, P.C. 1203.4, or Prop 36. See decision in Nunez-Reyes v. Holder at  http://www.ca9.uscourts.gov/datastor…4/05-74350.pdf The good news is that the opinion will apply only PROSPECTIVELY. Convictions received after the date of publication of the opinion — i.e. beginning July 15 or perhaps today — will not get the benefit. The Court held Continue reading: 9th Circuit, First Drug Conviction – Lujan-Armendariz overturned – prospectively only

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9th Circuit, First Drug Conviction – Lujan-Armendariz overturned – prospectively only