Guerrero-Silva

Guerrero-Silva v. Holder

Good Law
599 F.3d 1090·2010 WL 1225450·2010 U.S. App. LEXIS 6607
United States Court of Appeals for the Ninth CircuitMarch 31, 201005-77420California948 words

Opinion

Opinion

Bybee, J.

Again, we face the question of whether a state conviction qualifies as a removable offense under federal immigration law. Adrian Guerrero-Silva argues that his conviction under California Health and Safety Code § 11361(b) does not qualify as a controlled substance offense under 8 U.S.C. § 1227 (a)(2)(B)®. We conclude that Guerrero-Silva is removable and, because Guerrero-Silva does not raise any other constitutional questions or questions of law, we dismiss his petition. 8 U.S.C. § 1252 (a)(2)(D); see Luu-Le v. INS, 224 F.3d 911, 914 (9th Cir.2000).

I

Guerrero-Silva, a citizen of Mexico, entered the United States at age two. He later adjusted his status in the United States to that of a lawful permanent resident. In 2002, Guerrero-Silva was convicted in California Superior Court of “furnish[ing], administer[ing], or giv[ing], or offering] to furnish, administer, or give,” marijuana to a minor older than fourteen. Cal. Health & Safety Code § 11361 (b).

In 2005, the Department of Homeland Security commenced removal proceedings against Guerrero by issuing a Notice to Appear. The Notice told Guerrero that he was “subject to removal from the United States pursuant to ... Section…

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