Orozco

MEMORANDUM *

Juan Frias Orozco (“Orozco”) petitions for review of a determination by the Board of Immigration Appeals (“BIA”) that his conviction for possession of marijuana with intent to deliver in violation of Arkansas Code Annotated § 5-64-401 qualifies as an aggravated felony, rendering him ineligible for cancellation of removal. Whether a conviction qualifies as an aggravated felony is a question of law that we review de novo. Rendon v. Mukasey, 520 F.3d 967, 971 (9th Cir.2008). We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D), and we deny the petition.

A state drug crime qualifies as an aggravated felony if it would be punishable as a felony under the Controlled Substances Act (“CSA”), 21 U.S.C. § 801 et seq. Ren-don, 520 F.3d at 974 . In determining whether a state drug crime so qualifies, we use the two-part framework set forth in Taylor v. United States, 495 U.S. 575 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Rendon, 520 F.3d at 974 . A conviction under Ark.Code Ann. § 5-64-401 does not categorically qualify as a felony punishable under the CSA because the state statute criminalizes certain conduct related to non-controlled substances, see §§ 5-64^401(b), (c), §…