Ana Sanchez v. Loretta E. Lynch

MEMORANDUM

Ana and Maria Sanchez petition for review of the BIA’s denial of their applications for cancellation of removal. We grant the petition and remand for proceedings consistent with this disposition.

With respect to Maria, the BIA. held that she was statutorily ineligible for cancellation of removal because her convictions for possession of drug paraphernalia under California Health and Safety Code section 11364(a) were categorically violations of a state law “relating to a controlled substance (as defined in section 802 of title 21).” 8 U.S.C. § 1227 (a)(2)(B)(i). In Mellouli v. Lynch, — U.S. -, 185 S.Ct. 1980 , 192 L.Ed.2d 60 (2015), the Supreme Court held that a conviction does not meet this standard unless there is “a direct link between an alien’s crime of conviction and a particular federally controlled drug.” Because the BIA did not consider whether there is a direct link between Maria’s crimes and a particular federally controlled drug, we grant the petition and remand for reconsideration in light of Mellouli.

With respect to Ana, we grant the petition because she was not given notice of her briefing schedule. Singh v. Ashcroft, 362 F.3d 1164, 1168-69 (9th…