Saleres

MEMORANDUM *

The Immigration and Naturalization Service denied Piyadaj W. Saleres’s application for naturalization because of his pri- or conviction for the sale or transportation of marijuana. The district court dismissed Saleres’s petition for review, finding that his conviction was an aggravated felony barring him, as a matter of law, from establishing good moral character. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand for a determination of whether judicially noticeable documents or judicially noticeable facts clearly establish that Saleres’s 1992 conviction constitutes an “aggravated felony” within the meaning of 8 U.S.C. *833 § 1101 (a)(43)(B). See United States v. Martinez, 232 F.3d 728, 733-34 (9th Cir. 2000); United States v. Sweeten, 933 F.2d 765, 769 (9th Cir.1991).

We review de novo the question whether Saleres’s conviction constitutes an aggravated felony. United States v. Rivera-Sanchez, 247 F.3d 905, 907 (9th Cir.2001) (en banc).

Saleres’s conviction for the sale or transportation of marijuana under California Health and Safety Code § 11360(a) is not, per se, an aggravated felony. Id. To determine whether his conviction is an…