Amezcua Garcia v. Holder

MEMORANDUM

Abelardo Amezeua Garcia, 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 (“IJ”) removal order and denying his application for volun tary departure. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177 (9th Cir.2008), and claims of due process violations in immigration proceedings, Sanchez-Cruz v. INS, 255 F.3d 775, 779 (9th Cir.2001). We deny in part and grant in part the petition for review.

The agency properly concluded that Amezcua Garcia is removable under 8 U.S.C. § 1227 (a)(1)(A) because the record of conviction establishes that his 1995 conviction for violating California Health & Safety Code section 11366.5 (“section 11366.5”) related to a federally defined controlled substance and he was therefore inaccessible at the time of his 1999 entry. See 8 U.S.C. § 1182 (a)(2)(A)(i)(II); Parrilla v. Gonzales, 414 F.3d 1038, 1043 (9th Cir.2005).

Amezcua Garcia’s contention that California Health & Safety Code section 11366.5 lacks the requisite mens rea to qualify as a crime relating to a…