Henry Garcia-Gomez v. Eric Holder, Jr.

MEMORANDUM

Henry Jose Garcia-Gomez petitions for review of the Board of Immigration Appeals’ (BIA) dismissal of his appeal from the denial of his application for asylum, voluntary departure, and withholding of removal under the Convention Against Torture (CAT). Because the parties are familiar with the factual and procedural history of this case, we repeat only those facts necessary to resolve the issues raised on appeal. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Garcia-Gomez’s petition for review.

The BIA affirmed the Immigration Judge’s (IJ) determination that Garcia-Gomez’s 2008 conviction for violation of California Health & Safety Code § 11378 constituted an “aggravated felony” under the Immigration and Nationality Act (INA), which precluded him from asylum and voluntary depai'ture. We review de novo the BIA’s determination of purely legal questions. Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004). Because California law regulates the possession and sale of many substances that are not regulated by the Controlled Substances Act, Garcia-Gomez’s conviction under § 11378 must be assessed under the modified categorical approach. See Ruiz-Vidal v.…