Guevara

*974 MEMORANDUM **

Jose Lucio Guevera appeals the Immigration Judge (“IJ”) and Board of Immigration Appeals’ (“BIA”) finding of remov-ability under 8 U.S.C. § 1227 (a)(2)(B)®, and determination that his application for cancellation of removal was abandoned. Because the parties are familiar with the history of this case, we will not recount it here. We grant Guevera’s petition.

An alien is removable under § 1227(a)(2)(B)® if “at any time after admission [she] has been convicted of a violation of ... any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 802 of Title 21), other than a single offense involving possession for one’s own use of 30 grams or less of marijuana.” The government has the burden of proving that the possession exception does not apply. See Medina v. Ashcroft, 393 F.3d 1063 , 1065 n. 5 (9th Cir.2005).

The government presented substantial evidence that Guevera was convicted under Virginia Code section 18.2-248.1, which states: “it shall be unlawful for any person to sell, give, distribute or possess with intent to sell, give or distribute marijuana.” Va.Code. Ann. § 18.2-248.1 (“the…