United States Ninth Circuit

Petition for review of the Board of Immigration Appeals’ decision finding that petitioner's conviction for possession of marijuana for sale, in violation of California Health & Safety Code § 11359, is categorically a crime relating to a controlled substance, is denied, where: 1) petitioner failed to meet his burden of proving a "realistic probability" that California would apply section 11359 to conduct not related to a controlled substance; and thus 2) the conviction is a categorical crime relating to a controlled substance under the Immigration and Nationality Act.

Appellate Information

• Decided 05/30/2013
• Published 05/30/2013

Judges

• MURGUIA

Court

• United States Ninth Circuit

Counsel