United States Ninth Circuit

Petitions for review of the Board of Immigration Appeals' (BIA) decision affirming a final order of removability and finding petitioner ineligible for cancellation of removal because he failed to prove that his 2005 conviction for violating California Health & Safety Code section 11352(a) was not an "aggravated felony" as defined by the Immigration and Nationality Act (INA) are: 1) denied where petitoiner failed to exhaust his claim that his conviction was not for a violation of a law relating to a controlled substance; but 2) granted with respect to his eligibility for cancellation of removal because the judicially noticeable documents in the record fail to establish that his conviction was necessarily for an aggravated felony.

Appellate Information

• Decided 01/28/2011
• Published 01/28/2011

Judges

• B. FLETCHER

Court

• United States Ninth Circuit

Counsel