Jose Medina-Lara v. Eric Holder, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE LUIS MEDINA-LARA, No. 13-70491 Petitioner, Agency No. v. A079-361-360

ERIC H. HOLDER, JR., Attorney General, OPINION Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted August 25, 2014—Seattle, Washington

Filed September 19, 2014

Before: John T. Noonan, Michael Daly Hawkins, and Morgan Christen, Circuit Judges.

Opinion by Judge Hawkins MEDINA-LARA V. HOLDER

SUMMARY*

Immigration

The panel granted Jose Medina-Lara’s petition for review of the Board of Immigration Appeals’ decision finding him removable for his California state conviction of an aggravated felony, controlled substance offense, and firearm offense.

The panel found that the government conceded that California Health & Safety Code § 11351 is not a categorical controlled substance offense, and that Medina conceded that CHS § 11351’s controlled substance element is divisible. The panel accordingly proceeded to apply the modified categorical approach, and held that the government did not carry…