Jimenez Rice v. Holder

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUAN JOSE JIMENEZ RICE, 

Petitioner, No. 05-74297 v.  Agency No.

A077-855-635

ERIC H. HOLDER JR., Attorney General, OPINION Respondent.  On Petition for Review of an Order of the Board of Immigration Appeals

Submitted February 11, 2010* San Francisco, California

Filed February 26, 2010

Before: John T. Noonan, Marsha S. Berzon and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Berzon; Concurrence by Judge Ikuta

*The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). COUNSEL

Nathan M. Zaslow, San Francisco, California, for the peti- tioner. 3174 JIMENEZ RICE v. HOLDER Peter D. Keisler, David V. Bernal, and Jamie M. Dowd, U.S. Department of Justice, Washington, D.C., for the Attorney General.

OPINION

BERZON, Circuit Judge:

We must decide whether first-time offenders convicted of using or being under the influence of a controlled substance pursuant to Cal. Health & Safety Code § 11550, where such offenders are…