Banda-Montoya

MEMORANDUM

Petitioner Roberto Banda-Montoya seeks review of a final order of removal by the Board of Immigration Appeals (BIA) which concluded that his convictions under Arizona Revised Statutes §§ 13-3407 and 13-1003 rendered him categorically removable and ineligible for cancellation of removal. Because the parties are familiar with the factual and procedural history of this case, we do not recount additional facts except as necessary to explain our decision. Because we lack jurisdiction over the appeal, we dismiss the petition and do not address Banda-Montoya’s remaining assignments of error.

If an alien is removable because of a conviction for an aggravated felony, we lack jurisdiction to review the final order of removal. 8 U.S.C. § 1252 (a)(2)(C). For purposes of the Immigration and Nationality Act (INA), “aggravated felony” in- eludes, inter alia, “illicit trafficking in a controlled substance ..., including a drug trafficking crime (as defined in section 924(c) of Title 18),” 8 U.S.C. § 1101 (a)(43)(B), and “an attempt or conspiracy to commit an offense described in this paragraph,” id. § 1101(a)(43)(U).

Because Arizona Revised Statutes § 13-3407(A) is a divisible…