United States Ninth Circuit

A petition for review of the Board of Immigration Appeals' decision finding petitioner removable because his conviction for attempted possession of a dangerous drug, in violation of Arizona Revised Statute section 13-3407(A)(1), constituted a violation of state law relating to a controlled substance, is: 1) dismissed in part for lack of jurisdiction, where petitioner waived his argument that Arizona's attempt statute is categorically broader than the federal generic definition; and 2) denied in part, where, under the modified categorical approach, the government met its burden to prove removability based on attempted possession of methamphetamine, a controlled substance offense.

Appellate Information

• Decided 07/23/2014
• Published 07/23/2014

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel