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Nunez-Reyes v. Holder

In the Ninth Circuit, a non-citizen who obtained an expungement for a conviction related to a single, simple possession of a controlled substance was entitled to treat the conviction as never having occurred for immigration purposes.  This was in contrast to all the other circuit courts across the country.  This was because of an earlier court decision called Lujan-Armendariz.  The U.S. government challenged this interpretation and in a decision called Nunez-Reyes, the Ninth Circuit reversed itself and vacated the Lujan holding.  However, we filed an amicus brief along with other allied organizations and colleagues to explain why the Ninth Circuit should limit its ruling only to new cases.

The Immigrant Legal Resource Center  a practice advisory available here.