Jesus Aaron Cazarez-Gutierrez v. John Ashcroft, Attorney General

Jesus Aaron Cazarez-Gutierrez (“Caza-rez-Gutierrez” or Petitioner) petitions for review of a decision of the Board of Immigration Appeals (BIA or “Board”) finding him statutorily ineligible for cancellation of removal because he was convicted of the “aggravated felony” of a “drug trafficking crime.” Cazarez-Gutierrez argues that his state felony conviction for possession of methamphetamine, which would be a misdemeanor if prosecuted under federal law, should not be classified as an aggravated felony for immigration purposes.

I. BACKGROUND

Cazarez-Gutierrez is a native and citizen of Mexico. He entered the United States without inspection in 1985, but became a lawful permanent resident of the United States in 1990. His wife and oldest child are lawful permanent residents of the United States, and his youngest three children are citizens of the United States. In January 1997, Cazarez-Gutierrez was convicted by the State of Arizona of possession of methamphetamine, a felony under Arizona law for which he served two-and-a-half years in prison. See Ariz.Rev.Stat. § 13-3407. Possession of methamphetamine is punishable under the federal Controlled Substances Act (CSA) with imprisonment…