Navarro-Valtierra

MEMORANDUM **

Alberto Navarro-Valtierra (“Navarro”) appeals a decision of the Board of Immigration Appeals (“BIA”) finding him removable. In 1998, Navarro pled guilty to a drug trafficking offense in California, but that conviction was later “expunged” by a California court. Navarro contends that his expunged conviction cannot form the basis for his removal. We hold that we lack jurisdiction to hear his appeal.

The jurisdiction-stripping provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI- *620 RA”), codified at 8 U.S.C. § 1252 (a)(2)(C), precludes judicial review of “any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in section 1182(a)(2) ... of this title.” Section 1182(a)(2)(A)(i), ©(II), in turn, makes inadmissible “any alien convicted of, or who admits having committed” a violation of any state law “relating to a controlled substance.” Navarro concedes that he was convicted of possession for sale or purchase for purpose of sale of a controlled substance (in his case, cocaine) in violation of California Health & Safety Code § 11351. He contends, however, that because…