Ramon Garcia-Fonseca, A075 535 094 (BIA June 5, 2014)

Ramon Garcia-Fonseca, A075 535 094 (BIA June 5, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) was not inadmissible for having “admitted” violating a law related to a controlled substance based on a guilty plea to methamphetamine possession that resulted in his placement in a California drug diversion program. The Board noted that respondent was not convicted for immigration purposes under Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000), and that a guilty plea which results in something less than a “conviction” is not tantamount to an “admission” of the crime. The decision was written by Member Roger Pauley and joined by Member Linda Wendtland and Member Patricia Cole. 

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