18 U.S.C. § 3607
Special probation and expungement procedures for drug possessors
Section effective
Notes of Decisions
Cited in 161
cases (13 in the last 5 years), 1989–2026 · leading case: SALAZAR
SALAZAR (2002)
“Finally, the Immigration Judge determined that because the respondent was a first-time drug offender with a state deferred adjudication, she would have been eligible for federal first offender treatment pursuant to 18 U.S.C. § 3607 (1994) if she were prosecuted in federal court,…”
Ramirez-Altamirano v. Holder (2009)
“2000), which held that federal drug convictions expunged under the Federal First Offender Act ("FFOA"), 18 U.S.C. § 3607 , could not be used for immigration purposes, 222 F.”
Fernandez-Bernal v. Attorney General of the United States (2001)
“He claims that had he been prosecuted under federal law, he would have been eligible for relief under the Federal First Offender Act, 18 U.S.C. § 3607 (“FFOA”), which instructs that a disposition under its provisions is “not .”
Byron Paredes-Urrestarazu v. U.S. Immigration and Naturalization Service (1994)
“§ 844 (b)(1), and its successor provision codified at 18 U.S.C. § 3607 , has provided a mechanism very similar to the *811 California diversion program.”
Ramirez-Altamirano v. Mukasey (2009)
“2000), which held that federal drug convictions expunged under the Federal First Offender Act ("FFOA"), 18 U.S.C. § 3607 , could not be used for immigration purposes, 222 F.”
Jerry Villavicencio-Rojas v. Loretta E. Lynch (2016)
“The panel held that the IJ erred in concluding that Villavicencio’s two possession counts barred him from first- offender treatment under the Federal First Offender Act (“FFOA”), 18 U.S.C. § 3607 (a). The panel held that the two counts, for possession of marijuana and possession…”
Daniel Humberto Chavez-Perez v. John Ashcroft, Attorney General (2004)
“2000), Chavez-Perez argued that his conviction was the functional equivalent of those federal convictions that qualify for expungement under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607 . He asserted that the Equal Protection Clause forbids his removal based on a…”
Fidencio Resendiz-Alcaraz v. U.S. Attorney General (2004)
“In his view, he did not “commitQ a criminal offense” as *1267 specified in § 1252(a)(2)(C), as his state conviction was expunged under a rehabilitation scheme similar to the Federal First Offender Act (FFOA), 18 U.S.C. § 3607 . 2 We disagree. State convictions satisfy §…”
Elkins v. Comfort (2004)
“1 As yet unresolved in this circuit is whether the Federal First Offender Act (FFOA), 18 U.S.C. § 3607 , overrides § 1182. Under the FFOA a first-time offender of 21 U.”
MANRIQUE (1995)
“Department of Justice Executive Office for Immigration Review Board of Immigration Appeals As a matter of policy in cases dealing with drug-related convictions under state law, any alien who has been accorded rehabilitative treatment pursuant to a state statute will not be…”
Jose Lopez-Vasquez v. Eric H. Holder Jr. (2013)
“See 18 U.S.C. § 3607 . Under the FFOA, a federal court can put first-time drug offenders who are convicted of simple possession under 21 U.”
Rice v. Holder (2010)
“It held, first, that he would not have been eligible for relief under the Federal First Offender Act (FFOA), 18 U.S.C. § 3607 , for the offense of being under the influence of a controlled substance because the FFOA applies only to simple possession offenses.”
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