Lorenzo Sanchez-Nino v. Loretta E. Lynch

MEMORANDUM

Lorenzo Sanchez-Nino, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to terminate proceedings and finding him removable. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law. Medina-Lara v. Holder, 771 F.3d 1106, 1111 (9th Cir.2014). We deny in part and grant in part, and remand.

Sanehez-Nino’s contention that California Health & Safety Code § 11378 is indivisible and categorically overbroad, which precludes application of the modified categorical approach, is foreclosed by our case law establishing that § 11378 and similarly structured statutes are divisible within the meaning of Descamps v. United States, — U.S. -, 133 S.Ct. 2276 , 186 L.Ed.2d 438 (2013), and therefore subject to the modified categorical approach. See Padilla-Martinez v. Holder, 770 F.3d 825 , 831 n. 3 (9th Cir.2014) (concluding Cal. Health & Safety Code § 11378 is divisible); see also United States v. Torre-Jimenez, 771 F.3d 1163, 1165-67 (9th Cir.2014) (holding Cal. Health & Safety Code § 11351 is divisible); Coronado v. Holder, 759 F.3d…