Petition for review of the BIA's order removing petitioner from the U.S. based on a prior controlled substance offense is granted where 8 U.S.C. section 1101(a)(48)'s definition of "conviction" did not include criminal judgments whose only consequence was a suspended non-incarceratory sanction.
Argued and Submitted October 6, 2009
Filed January 7, 2010
Opinion by Judge Pollak
James Todd Bennett, El Cerrito, CA
Bryan Stuart Beier, U.S. Department of Justice, Washington, DC