Moreno

MEMORANDUM **

Oswaldo Enrique Moreno petitions for review of the Board of Immigration Appeals’ (“BIA”) affirmance of an immigration judge’s determination that he is removable, inadmissible, and ineligible for adjustment of status under 8 U.S.C. § 1182 (a)(2)(A)(i)(II). We have jurisdiction under 8 U.S.C. § 1252 , and we grant the petition.

To trigger removability under 8 U.S.C. § 1227 (a)(2)(B)®, the statute of conviction must relate to controlled substances as listed in the federal schedules of the Controlled Substances Act (“CSA”). Mielewczyk v. Holder, 575 F.3d 992, 994-96 (9th Cir.2009). 1 The BIA correctly determined that Moreno’s conviction for violating California Health and Safety Code § 11352(a) involved a law that relates to controlled substances. Id. at 994-95.

However, Moreno’s conviction does not categorically constitute a removable or inadmissible offense under 8 U.S.C. §§ 1227 (a)(2)(B)® or 1182(a)(2)(A)(i)(II), *410 because California “defines controlled substance to include ‘numerous substances that are not similarly regulated by the CSA.’ ” Id. at 995 (quoting Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir.2007)). It is therefore necessary to employ the…