MEMORANDUM **

Hernandez argues that he was denied due process when the immigration judge, acting on Hernandez’s application for suspension of deportation under 8 U.S.C. § 1254(a), denied him a continuance so he could seek expungement of two state criminal convictions for providing false identification to a police officer.

We affirm the Board’s finding that Hernandez was not prejudiced by the denial. Although Hernandez eventually obtained expungement of his convictions under California’s rehabilitative statute, Cal.Penal Code § 1203.4, the Board held that the expunged convictions could nevertheless serve as the ground for denying Hernandez suspension of deportation. We have upheld the Board’s interpretation of the term “conviction” in 8 U.S.C. § 1101(a)(48)(A) as allowing the INS to ignore state rehabilitative expungements for immigration purposes. Murillo-Espinoza v. INS, 261 F.3d 771, 774 (9th Cir. 2001).

AFFIRMED.