Pedro Madrigal-Barcenas v. Eric Holder, Jr.

Petitioner Pedro Madrigal-Barcenas, a native and citizen of Mexico, applied for cancellation of removal pursuant to 8 U.S.C. § 1229b(b). He petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of that application.

Petitioner was convicted of possessing drug paraphernalia in violation of section 453.566 of the Nevada Revised Statutes. The question on review is whether that misdemeanor conviction renders Petitioner ineligible for cancellation of removal under 8 U.S.C. § 1182 (a)(2)(A)(i)(II) (“Section 1182”), which provides that an applicant is inadmissible if the applicant stands convicted under “any law or regulation ... relating to a controlled substance (as defined in section 802 of [the Federal Controlled Substances Act]).” In ruling that Petitioner was inadmissible, the BIA relied on In re Martinez Espinoza, 25 I. & N. Dec. 118 (BIA 2009), to hold that the con viction was for violation of a law relating to a controlled substance. Applying our extant precedent to the same effect, United States v. Oseguera-Madrigal, 700 F.3d 1196, 1199-1200 (9th Cir.2012); Bermudez v. Holder, 586 F.3d 1167, 1168-69 (9th Cir.2009) (per curiam); Estrada v. Holder, 560…