Luis Juarez Alvarado v. Eric Holder, Jr.

We consider whether the Department of Homeland Security has met its burden of proving that the petitioner, Luis Felipe Juarez Alvarado, is removable from the United States as an alien convicted of a violation of state law relating to a controlled substance. See 8 U.S.C. § 1227 (a)(2)(B)®. Juarez Alvarado pled guilty to attempted possession of a dangerous drug, in violation of Arizona Revised Statute § 13-3407(A)(1). He argues that this conviction does not establish his removability for two independent reasons: first, because Arizona’s attempt statute is categorically broader than the federal definition; and second, because the government has not met its burden of establishing under the modified categorical approach that his conviction involved a substance listed in the Controlled Substances Act. We lack jurisdiction to reach the first argument and are not persuaded by the second. Accordingly, we dismiss in part and deny in part his petition for review.

BACKGROUND

Born in Mexico in 1968, Juarez Alvarado was admitted into the United States as a legal permanent resident before his first birthday. He was placed into removal proceedings after his 2006 conviction for…