Anguiano-Medel
Anguiano-Medel v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Salvador Anguiano-Medel, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2)(D) to review questions of law. Reviewing de novo, Garcia-Jimenez v. Gonzales, 488 F.3d 1082, 1085 (9th Cir.2007), we grant the petition for review and remand.
Under the modified categorical approach employed by the agency, we cannot conclude that Anguiano-Medel pleaded guilty to a crime related to a drug listed in the Controlled Substances Act. See Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir.2007). As the record of conviction did not establish the factual predicate for An-guiano-Medel’s plea, it cannot form the basis of the agency’s removal order. See United States v. Vidal, 504 F.3d 1072 (9th Cir.2007) (en banc) (judgment must contain the critical phrase “as charged in the information” in order to incorporate facts alleged in the information); see also Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1129-30 (9th Cir.2007) (applying the modified categorical analysis in an immigration context).