Jose Medina-Lara v. Eric Holder, Jr.

ORDER AND OPINION

ORDER

The Opinion filed September 19, 2014, and appearing at 767 F.3d 801 (9th Cir.2014), is withdrawn. It may not be cited as precedent by or to this court or any district court of the Ninth Circuit.

OPINION

Jose Medina-Lara (“Medina”), a Mexican citizen and lawful permanent resident of the United States, seeks review of a final order of the Board of Immigration Appeals (“Board”) authorizing- his removal to Mexico. The Board held that Medina is removable because his 2005 California drug conviction is both an “aggravated felony” and a “conviction relating to a controlled substance” and because a sentence enhancement appended to that conviction is a “firearm offense,” as those terms are defined by the Immigration & Nationality Act (“INA”), 8 U.S.C. § 1227 (a)(2). Because each of these conclusions is erroneous, we grant the petition.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Immigration authorities admitted Medina as a lawful permanent resident in 2002. In 2005, a California court convicted Medina of violating California Health & Safety Code § 11351 and applied an enhancement for carrying a firearm during that offense in violation of California Penal Code §…