Fierros-Qrtiz

*821 MEMORANDUM **

Domingo Fierros-Ortiz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and we deny in part and grant in part the petition for review.

Fierros-Ortiz’s contention that the IJ improperly relied on an abstract of judgment in finding him removable is without merit. See 8 C.F.R. § 1003.41 (a)(5) (abstract of judgment is admissible to establish fact of conviction); see also Anaya-Ortiz v. Mukasey, 553 F.3d 1266, 1272-73 (9th Cir.2009).

An intervening change in the law requires remand. Concluding that Fierros-Ortiz bore the burden of proving that a disqualifying conviction did not exist, the IJ found that Fierros-Ortiz failed to establish that his conviction under Cal. Health & Safety Code § 11379.6 was not an aggravated felony as defined in 8 U.S.C. § 1101 (a)(43)(B). The IJ, however, did not have the benefit of our decision in Sandoval-Lua v. Gonzales, 499 F.3d 1121 (9th Cir.2007), in which we held that an alien…