Fernando Acevedo-fernandez, Petitioner, v. Immigration and Naturalization Service, Respondent, 949 F.2d 399 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 949 F.2d 399 (9th Cir. 1991)

Argued and Submitted Nov. 6, 1991. *Decided Dec. 10, 1991


Before SNEED, BEEZER and TROTT, Circuit Judges.


MEMORANDUM

An alien may be deported from the United States if, "at any time [the alien] has been convicted of a violation of, or a conspiracy or attempt to violate, any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802))." 8 U.S.C. § 1251(a) (11).

Aliens deportable under 8 U.S.C. § 1251(a) (11), except those convicted of a single offense of simple possession of 30 grams or less of marijuana, are ineligible for suspension of deportation under 8 U.S.C. § 1254(a) (2) or for voluntary departure under 8 U.S.C. § 1254(e). See 8 U.S.C. § 1254(a) (2); 8 U.S.C. § 1254(e).

The Board of Immigration Appeals did not err in holding that the petitioner was deportable and was ineligible for suspension of deportation or voluntary departure as a result of his conviction for using and being under the influence of phencyclidine ("PCP"), a controlled substance.

AFFIRMED.

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This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir.R. 36-3