United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' (BIA) decision finding petitioner inadmissible and denying his cancellation of removal is: 1) denied in part, where the BIA did not err in finding petitioner inadmissible based on his prior drug convictions, because under the modified categorical approach, the government satisfied its burden to prove that petitioner was convicted twice of possessing methamphetamine, a controlled substance listed in the Controlled Substances Act; 2) granted in part, where the BIA failed to address petitioner's due process claims alleging ineffective assistance of counsel and bias by the immigration judge; and 3) dismissed in part petitioner's claim that the BIA violated his right to equal protection, where the court lacks jurisdiction. (Superseding amended opinion)

Appellate Information

• Decided 07/18/2014
• Published 07/18/2014

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel