The BIA has held in two recent non-precedent decisions that actual expungement of a first-offense conviction of possession of a controlled substances is not required, before removal proceedings will be terminated, because Lujan and Manrique suggest that a conviction does not constitute a deportable controlled substances conviction if the respondent would have been eligible for treatment under the Federal First Offender Act if prosecuted in federal court, even if a state expungement has not yet actually been obtained and the defendant remains on probation. Matter of Vallesteros, 2004 WL 1739143 (BIA June 29, 2004)(non-precedent decision); Matter of Ceredon, 2004 WL 1739162 (BIA June 29, 2004) (non-precedent decision).