Arturo Villa-Rodriguez v. Eric Holder, Jr.

MEMORANDUM

Petitioner Arturo Villa Rodriguez petitions for review of the Board of Immigration Appeals decision dismissing his appeal. The BIA affirmed the denial of Villa Rodriguez’s application for an adjustment of status on the ground that he did not qualify for a waiver under INA § 212(h) of his prior conviction for a controlled substance offense. 8 U.S.C. § 1182 (h). We agree with the BIA that Villa Rodriguez did not qualify for the section 212(h) waiver and therefore deny his petition for review.

An individual convicted of a controlled substances offense may qualify for a section 212(h) waiver only if the conviction was for “a single offense of simple possession of 30 grams or less of marijuana.” INA § 212(h), 8 U.S.C. § 1182 (h). Villa Rodriguez failed to demonstrate that his conviction under California Health and Safety Code § 11360(a) — which pertains to the transport, import, sale, furnishing, administering, and giving away of marijuana — was a conviction for simple possession of marijuana.

In Young v. Holder, 697 F.3d 976, 988-90 (9th Cir.2012) (en banc), we held that a noncitizen bears the burden of showing eligibility for cancellation of removal. This case concerns…