Young

Joseph Christopher 1 Young petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming a final order of removability. The BIA affirmed the Immigration Judge’s (“IJ”) decision finding Young removable because of his conviction for an offense relating to a controlled substance pursuant to 8 U.S.C. § 1227 (a)(2)(B)® and denying Young’s application for cancellation of removal. The BIA held that Young was ineligible for cancellation of removal because he failed to prove that his 2005 conviction for violating California Health & Safety Code § 11352(a) was not an “aggravated felony” as defined by the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 (a)(43)(B).

We deny Young’s petition for review of the order of removal because he failed to exhaust his claim that his conviction was not for a violation of a law relating to a controlled substance. We grant Young’s petition for review, however, with respect to his eligibility for cancellation of removal because the judicially noticeable documents in the record fail to establish that his conviction was necessarily for an aggravated felony.

I. BACKGROUND

Young, a native of St. Kitts and Nevis, is a…