Juan Carrillo Cruz v. Eric Holder, Jr.

MEMORANDUM

Juan Carrillo Cruz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, S-Yong v. Holder, 600 F.3d 1028, 1034 (9th Cir.2010), and we deny the petition for review.

Carrillo Cruz correctly contends that his conviction under California Health & Safety Code § 11351, for possession of a controlled substance for sale, is not categorically a controlled substance offense under 8 U.S.C. § 1227 (a)(2)(B)(i), or a drug trafficking aggravated felony under 8 U.S.C. § 1101 (a)(43)(B). See S-Yong, 600 F.3d at 1034 (“We have previously found that California law regulates the possession and sale of many substances that are not regulated by the [federal Controlled Substances Act]”).

Carrillo Cruz, however, provides no coherent argument in his opening brief as to how the conviction documents are insufficient to demonstrate that his conviction constitutes a removable controlled substance offense, and a drug trafficking aggravated felony, under the “modified categorical approach.” See id. at 1035 .…