Roberto Roman-Suaste v. Eric Holder, Jr.

Roberto Roman-Suaste, a native and citizen of Mexico, was charged with being a removable alien on the basis of a conviction for possession of marijuana for sale under California Health & Safety Code (“CHSC”) § 11359. The Board of Immigration Appeals held that a conviction under CHSC § 11359 is categorically an aggravated felony. Roman-Suaste was therefore found to be removable and ineligible for various discretionary forms of relief from removal.

We agree with the BIA. Possession of marijuana for sale under CHSC § 11359 contemplates a sale — that is, distribution of marijuana in exchange for remuneration. Furthermore, aiding and abetting liability under California law is no different from aiding and abetting liability under federal law. We therefore hold that a conviction for possession of marijuana for sale under CHSC § 11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance.” 8 U.S.C. § 1101 (a)(43)(B). Accordingly, we deny Roman-Suaste’s petition for review.

I. Background

Roman-Suaste, a native and citizen of Mexico, is a permanent resident of the United States. In 2010, Roman-Suaste was charged with possession of marijuana…