United States Ninth Circuit

In a petition for review of the BIA's decision that held that petitioner's state felony conviction for possession of pseudoephedrine with intent to manufacture methamphetamine was a "drug trafficking crime" which constituted an "aggravated felony" under federal law, rendering petitioner statutorily ineligible for cancellation of removal, the petition is denied where: 1) use of a firearm was not required for a state conviction to constitute an aggravated felony as a "drug trafficking crime"; and 2) the federal crime corresponding to Cal. Health & Safety Code section 11383(c)(1) did not require possession of a minimum amount of pseudoephedrine.

Appellate Information

• Decided 04/12/2010
• Published 04/12/2010

Judges

Court

• United States Ninth Circuit

Counsel