Garcia-Ruesga

MEMORANDUM

Petitioner Andres Garcia-Ruesga petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal of an Immigration Judge’s decision ordering him removed to Mexico. He argues that his conviction for “sale/transportation/offer to sell controlled substance” in violation of California Health and Safety-Code Section 11352(a) does not render him removable under 8 U.S.C. § 1227 (a)(2)(B)(i). We hold that the BIA correctly determined that Garcia-Ruesga committed a removable offense, and dismiss his petition for review for lack of jurisdiction.

An alien is removable if, after admission into the United States, he is “convicted of a violation of (or a conspiracy or attempt to violate) any law or regulation of a State ... relating to a controlled substance (as defined in Section 802 of Title 21).... ” 8 U.S.C. § 1227 (a)(2)(B)®. In 2004, Garcia-Ruesga was convicted under California Health and Safety Code Section 11352(a), which punishes a person “who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer or give away, or attempts to import into this…