Michael Herbert Becker v. Alberto R. Gonzales, Attorney General

Michael Herbert Becker, a native and citizen of Germany, petitions for review of the Board of Immigration Appeals’ (“BIA’s”) final order of removal. Becker contends that the BIA’s finding that he is not eligible to apply for cancellation of removal has been superceded by our decision in Lopez-Castellanos v. Gonzales, 437 F.3d 848 (9th Cir.2006). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(C), and deny his petition for review.

I

Becker was admitted to the United States at the age of six, on or about April 4, 1961, and is a lawful permanent resident. On December 9, 2004, Becker pleaded guilty to the offense of “Possession of Drug Paraphernalia,” a Class 6 felony, in violation of Arizona Revised Statutes §§ 13-3401, 3408, 3415, 701, 702.01, 801 and 901.01(A). Removal proceedings were initiated against Becker on February 14, 2005, when a Notice to Appear (“NTA”) was filed with the Immigration 252 Court charging that Becker was removable as an alien convicted of a controlled substance offense, in violation of INA § 237(a)(2)(B)(I), 8 U.S.C. § 1227 (a)(2)(B)(I). Becker conceded that he was removable as charged, but requested cancellation of removal under INA § 240A(a), 8…