Marco Antonio Velasco- Aceves 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 concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARCO ANTONIO VELASCO-
ACEVES,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-75615
Agency No. A076-618-140
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 16, 2010**
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Marco Antonio Velasco-Aceves, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order affirming an immigration
judge’s decision denying his application for adjustment of status. We have
FILED
APR 01 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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IH/Research 06-75615 2
jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law,
Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir. 2006), and we deny the
petition for review.
Contrary to Velasco-Aceves’ contention, he does not qualify for relief under
the Federal First Offender Act (“FFOA”), 18 U.S.C. § 3607, because he previously
received the state-law equivalent of FFOA relief with respect to his 1984 charge.
See De Jesus Melendez v. Gonzales, 503 F.3d 1019, 1026 (9th Cir. 2007) (alien
may not avoid the immigration consequences of a drug conviction as a first
offender when, as a result of a prior drug possession arrest, he was granted pretrial
diversion under California law and was not required to plead guilty).
PETITION FOR REVIEW DENIED.

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