(D)  Legal Effect.  The FFOA gives the broadest effect to a disposition under the statute, providing that such “a conviction . . . shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.”[22]  Since Congress, which enacted this legislation, has the power to determine the immigration consequences of a conviction, and spoke here with unmistakable clarity, a conviction treated under the FFOA which was ultimately dismissed can have no adverse immigration effect whatsoever.  This is the basis for the Ninth Circuit’s Equal Protection decisions protecting those given the benefit of analogous state rehabilitative relief in cases in which the defendant would have been eligible for FFOA treatment of a conviction if s/he had been prosecuted for that offense in federal court.

[22] 18 U.S.C. § 3607(a) [emphasis supplied].