Alien Found in 9th Circuit May Be Detained in 10th Circuit and Subject to Less-Favorable Law

Ballesteros v. Ashcroft, 2006 WL 1633739 (6/14/06) - In a removal case, the 10th applies 10th Circuit law regarding what is an aggravated felony conviction to an alien who was found in Idaho, which is in the 9th Circuit. The alien did not have the right to the application of the more favorable 9th Circuit law, [state defendant who would have qualified for Federal First Offender Act treatment does not have a conviction for immigration purposes]. It was okay for ICE to have a rule to detain in Colorado those aliens found in Idaho.