United States Ninth Circuit

A petition for review of an order of removal is granted where: 1) a 1998 conviction could not serve as a predicate for removal because petitioner was granted cancellation of removal for that conviction; and 2) the DHS failed to establish unequivocally that the particular substance which he was convicted of possessing in 2003 was a controlled substance as defined in section 102 of the Controlled Substances Act, for purposes of that conviction serving as a predicate offense for removal.

Appellate Information

• Argued 10/20/2006
• Decided 01/18/2007
• Published 01/18/2007

Judges

• O'SCANNLAIN, Circuit Judge:, Before: BEEZER, O'SCANNLAIN, TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert B. Jobe, Law Office of Robert B. Jobe, San Francisco, CA, argued the cause for the petitioner and filed a brief.


• For Appellees:
  
• Jamie M. Dowd, Office of Immigration Litigation, U.S. Department of Justice, Washington, D.C., argued the cause for the respondent and filed a brief.  Peter D. Keisler, Assistant Attorney General, and David V. Bernal, Assistant Director, were on the brief.