Randy Cabantac v. Eric Holder, Jr.

Randy Cabantac, a native and citizen of the Philippines, petitions for review from an order by the Board of Immigration Appeals (“BIA”) affirming an order of removal by the Immigration Judge (“IJ”). The IJ found Cabantac removable for having been convicted of possession of a controlled substance, methamphetamine, in violation of California Health & Safety Code § 11377(a). .

We review de novo the legal question of whether Cabantac was convicted of a controlled substances offense. Ruiz-Vidal v. Gonzales, 473 F.3d 1072 , 1076 n. 2 (9th Cir.2007). We deny the petition.

The Notice to Appear alleges that Cabantac was subject to removal for possession of a controlled substance as defined in 21 U.S.C. § 802 . See 8 U.S.C. § 1227 (a)(2)(B)(i). We must decide whether the documents of conviction establish by clear and convincing evidence that Cabantac was convicted of possessing methamphetamine, or whether they show he pleaded guilty only to possession of a controlled substance generally. The difference is important because not all substances punishable under California Health & Safety Code § 11377(a) are defined in 21 U.S.C. § 802 . Methamphetamine, however, is. See 21 U.S.C. §§…