Cruz-Aguilera

ORDER

This case involves an appeal by a lawful permanent resident of the denial of cancellation of removal. We conclude that we lack jurisdiction under the Immigration and Nationality Act (“INA”) § 242(a)(2)(C), 8 U.S.C. § 1252 (a)(2)(C). We also determine that transfer of this case to the district court is in the interest of justice. Accordingly, we transfer this case to the district court for further proceedings.

I.

Juan Antonio Cruz-Aguilera, a native and citizen of Mexico, entered the United States in 1977 at age sixteen, and has been a lawful permanent resident since 1982. In 1995, he was convicted of one count of possession of a controlled substance, methamphetamine, in violation of Cal. Health & Safety Code § 11377 (a). On January 27, 1999, the Immigration and Naturalization Service (“INS”) sent Cruz-Aguilera a notice to appear, charging him with remova-bility under INA § 237(a)(2)(B)®, 8 U.S.C. § 1227 (a)(2)(B)® based upon his 1995 conviction.

At his removal hearing, Cruz-Aguilera conceded the factual allegations for removal under INA § 237(a)(2)(B)® and sought cancellation of removal under INA § 240A(a), 8 U.S.C. § 1229b(a). To qualify for cancellation of removal…