J. Refugio Ceja-Rivera, aka Jose Rivera v. ERIC H. HOLDER Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
LA/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
J. REFUGIO CEJA-RIVERA, aka Jose
Rivera,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 07-71782
Agency No. A072-294-331
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Jose Refugio Ceja-Rivera, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision finding him ineligible to adjust status due to his
FILED
DEC 07 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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LA/Research 07-71782 2
controlled substance offenses. We have jurisdiction under 8 U.S.C. § 1252.
Reviewing de novo the agency’s legal determination, see Aguiluz-Arellano v.
Gonzales, 446 F.3d 980, 983 (9th Cir. 2006), we deny the petition for review.
We deny as moot Ceja-Rivera’s request to hold this case in abeyance for
proceedings in de Jesus Melendez v. Gonzales, 503 F.3d 1019 (9th Cir. 2007),
r’hearing denied.
We agree with the agency’s conclusion that Ceja Rivera’s second controlled
substance offense is not amenable to treatment under the Federal First Offenders
Act, 18 U.S.C. §3607. See id. at 1025-27. Ceja-Rivera’s contention that his
second offense does not constitute a conviction for immigration purposes is not
persuasive. See id.
PETITION FOR REVIEW DENIED.

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