United States Ninth Circuit

Petition for review of a final order of removal and denial of petitioner's application for cancellation of removal is granted as: 1) California Health and Safety Code section 11379(a) is categorically broader than the definition of aggravated felony in 8 U.S.C. section 1101(a)(43)(B); and 2) the judicially noticeable documents in the administrative record satisfied petitioner's burden of establishing by a preponderance of the evidence that his earlier conviction did not constitute an aggravated felony.

Appellate Information

• Argued 04/20/2007
• Decided 08/28/2007
• Published 08/28/2007

Judges

• Before:  ALFRED T. GOODWIN, SIDNEY R. THOMAS, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lamar Peckham, Santa Rosa, CA, for the petitioner.


• For Appellees:
  
• Peter D. Keisler, Assistant Attorney General, Civil Division, Michael P. Lindemann, Assistant Director, Douglas E. Ginsburg, Senior Litigation Counsel, Department of Justice, Washington, D.C., for the respondent.