Miranda-Maltez

MEMORANDUM

Henry Javier Miranda-Maltez (“Miranda”) petitions for review of a Board of Immigration Appeals (“BIA”) decision finding him removable under INA § 237(a)(2)(B)© for having been convicted in 2000 of transportation of marijuana in violation of California Health & Safety Code (“CH & SC”) § 11360(a). Miranda argues that the BIA erred in finding that the Department of Homeland Security (“DHS”) proved his removability by clear and convincing evidence because the DHS failed to prove his offense was not “a single offense involving possession for one’s own use of 30 grams or less of marijuana.” See INA § 237(a)(2)(B)©. Miranda also argues that his 2000 conviction for transportation of marijuana is invalid for immigration purposes under Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir.2000), overruled by Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir.2011) (en banc).

Miranda’s first argument fails because the record of conviction shows Miranda was charged and pled nolo contende-

re to transporting marijuana rather than possessing it, giving it away, or doing something else with it. Transportation of marijuana is not “a single offense involving possession for one’s own use of 30…