Court of Appeals for the Ninth Circuit October 27, 2004, 02-72422 (Daniel Humberto Chavez-Perez v. John Ashcroft, Attorney General)

WILLIAM A. FLETCHER, Circuit Judge,

dissenting:

The majority today holds that an alien whose state drug conviction is eligible for expungement under a state rehabilitative statute, but whose conviction has not yet been expunged, is not afforded the protection extended to aliens who have been sentenced under the Federal First Offender Act.