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Name: People v. Cisneros
Case #: A085065
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/25/2000
Subsequent History: None

The court reversed an order denying the defendant consideration for drug diversion under the deferred entry program set up under Penal Code section 1000, et seq., and remanded for consideration of the defendant’s application for diversion. The probation department had recommended defendant for diversion, but the court denied his application on the grounds that he was an illegal alien and therefore could not “obey all laws.” On appeal, the court noted that section 1000, subdivision (a), did not list a misdemeanor violation of the federal immigration laws as one of the criteria for absolute exclusion. The court further noted that diversion is similar to probation, and there is no absolute exclusion of illegal aliens from probation. It would be anomalous to require different standards for deferred entry from those applied to probationers who also must obey all laws. The court may consider the fact that a person is violating immigration laws in determining whether the person is suitable for diversion, but the factor does not absolutely exclude the person from consideration.