Thanh Le v. Eric H. Holder Jr.

MEMORANDUM

Thanh Van Le, a Vietnamese citizen and lawful permanent resident, pled guilty to, and was convicted of, possession of a controlled substance with intent to deliver in violation of § 69.50.401 of the Revised Code of Washington. On returning from a trip to Vietnam in 2005, Le was charged with being removable as an inadmissible arriving alien whom the immigration authorities had reason to believe was an illicit trafficker in a controlled substance under 8 U.S.C. § 1182 (a)(2)(C). The Department of Homeland Security later added an additional charge of removability under § 1182(a)(2)(A)(i)(II), alleging that Le had been convicted of a controlled substance violation. The Immigration Judge determined that the state crime was not an aggravated felony but in discretion denied cancellation of removal. The Board of Immigration Appeals held that Le’s state conviction was an aggravated felony for immigration purposes, so Le was statutorily ineligible for cancellation of removal, and on this basis affirmed the denial of cancellation of removal.

The petition for review that is before us followed. Whether an offense constitutes an aggravated felony “presents a question of law over…