Antezana-Cota

MEMORANDUM ***

Cesar Antezana-Cota (“Antezana-Cota”), a permanent legal resident of the United States, appeals from the Board of Immigration Appeal’s (“BIA”) decision affirming the immigration judge’s Order of Removal based on Antezana-Cota’s prior conviction for sale/transportation of marijuana in violation of California Health & Safety Code § 11360(a). “Because the issue in this appeal is whether [Antezana-Cota] committed an aggravated felony, and because we have jurisdiction to determine *672 our own jurisdiction, see Aragon-Ayon v. INS, 206 F.3d 847, 849 (9th Cir.2000), the jurisdictional question and the merits collapse into one.” Ye v. INS, 214 F.3d 1128, 1131 (9th Cir.2000). We conclude we have jurisdiction and grant the petition for review. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

In this case, the Order of Removal was based on Antezana-Cota’s prior state conviction for sale or transportation of marijuana under Cal. Health & Safety Code § 11360 (a), alleged to be an “aggravated felony” as defined in § 1101(a)(43). The record does not provide the underlying facte of that conviction, including any…