Alfaro Tinoco v. Holder

MEMORANDUM

Domingo Rogelio Alfaro Tinoco, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal of an Immigration Judge’s (“IJ”) decision finding Petitioner was inadmissible because he had been convicted of two aggravated felonies: (1) his September 20, 1999 conviction for unauthorized possession of a controlled substance, in violation of California Health & Safety Code § 11377; and (2) his Febuary 24, 1984 conviction for assault with a deadly weapon, in violation of California Penal Code § 245(a)(2). The IJ also found that because of his two aggravated felonies, Petitioner could not qualify for cancellation of removal. 8 U.S.C. § 1229b(a)(3).

Petitioner’s conviction under California Health & Safety Code § 11377 does not qualify as an aggravated felony under 8 U.S.C. § 1182 (a)(2)(A)(i)(II) (controlled substance offense) because California classifies certain drugs as controlled substances that the federal government does not. Thus, California Health & Safety Code § 11377 is broader than the generic federal definition. Ruiz-Vidal v. Gonzales, 473 F.3d 1072 , 1078 & n. 6 (9th Cir.2007). There are no documents of…