Morales-Trejo

MEMORANDUM ***

Carlos Morales-Trejo, a native and citizen of Mexico, petitions for review of a final order of removal based on the determination of the Board of Immigration Appeals (BIA) that he had been convicted of violating a law “relating to a controlled substance” pursuant to 8 U.S.C. § 1182 (a)(2)(A)(i)(II) and had been “an illicit trafficker in a[ ] controlled substance” pursuant to 8 U.S.C. § 1182 (a)(2)(C). Morales-Trejo’s sentencing order and plea documents state only that he was convicted of Possession for Sale of a Narcotic Drug in violation of Arizona Revised Statutes section 13-3408; neither mentions the specific narcotic involved. The Immigration Judge (IJ), looking to the charging document, found that Morales-Trejo had pleaded guilty to possession for sale of cocaine, a “controlled substance” for purposes of 8 U.S.C. § 1182 (a)(2). We have jurisdiction pursuant to 8 U.S.C. § 1252 (b)(1), and we deny the petition for review.

Where, as here, the BIA adopts the IJ’s decision and also adds its own reasoning, the Court reviews both decisions. Nuru v. Gonzales, 404 F.3d 1207, 1215 (9th Cir.2005). We review de novo whether a Petitioner’s state conviction is an offense…