United States of America, Plaintiff-appellee, v. Raul Salcido-valencia, Defendant-appellant, 125 F.3d 860 (9th Cir. 1997)

MEMORANDUM^* 

The United States appeals the district court's order vacating pursuant to the All Writs Act, 28 U.S.C. § 1651(a), Raul Salcido-Valencia's 1973 conviction of possession with intent to distribute marijuana. The district court determined that there exists a general power under the All Writs Act to vacate convictions for reasons of equity and that the compelling equities of Salcido's situtation warranted invoking this general power. The Immigration and Naturalization Service had declared Salcido deportable because of his drug conviction and his subsequent re-entry without inspection. According to the district court, vacatur of the conviction would allow Salcido to qualify for amnesty under the Immigration Reform and Control Act, 8 U.S.C. § 1255, and thus allow him to remain in the United States with his family.

We reverse the district court's judgment in light of our recent decision in Doe v. INS, 120 F.3d 200, 204-05 (9th Cir. 1997) (All Writs Act does not grant federal courts authority to vacate a conviction solely on equitable grounds even in compelling circumstances involving deportation).

REVERSED and REMANDED.¹