Calderon-Estrada

MEMORANDUM **

Petitioner Calderón-Estrada (Calderon) appeals the Board of Immigration Appeals’ (BIA) affirmation of the Immigration Judge’s (IJ) order of removal. Because the parties are familiar with the facts, we do not recount them here except as necessary to explain our decision. We have jurisdiction to hear this appeal under Immigration and Nationality Act (INA) § 242(a)(2)(D), codified at 8 U.S.C. § 1252 (a)(2)(D), and we review the questions of law raised in this petition de novo. De Martinez v. Ashcroft, 874 F.Sd 759, 761 (9th Cir.2004).

I. Removability on the Basis of Calderon’s Conviction for Attempted Possession of Firearms

Under current law, any alien who is convicted of attempting to possess a firearm in violation of any law is removable. INA § 287(a)(2)(C). In 1994, the INA was amended to include attempted possession as a removable offense. Before the amendment, in 1991, Calderon was convicted for attempted possession of a short-barreled shotgun in violation of Or.Rev. Stat. §§ 161.405 and 166.272.

The language of the 1994 amendment clearly indicates that it is to be applied retroactively. Pub.L. No. 108-416, § 203 (c), 108 Stat. 4305 , 4311 (1994) (“The…