United States Ninth Circuit

In a petition for review of an order removing petitioner from the U.S., the petition is denied where, because the statute of conviction by its own terms was a state law "relating to a controlled substance" and petitioner's conviction involved heroin (a controlled substance as defined in 21 U.S.C. section 802(6)), the BIA correctly found petitioner removable.

Appellate Information

• Argued 02/02/2009
• Decided 08/05/2009
• Published 08/05/2009

Judges

• WARDLAW, Circuit Judge:, Before:  HARRY PREGERSON, SUSAN P. GRABER, and KIM McLANE WARDLAW, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Sarah K. Jezairian, Snell & Wilmer LLP, Tucson, AZ, for petitioner.


• For Appellees:
  
• Stuart S. Nickum, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC, for respondent.