Rodolfo Cardona v. Eric Holder, Jr.

MEMORANDUM

Petitioner Rodolfo Adalberto Cardona appeals the Board of Immigration Appeals decision dismissing his appeal. The BIA concluded that Cardona was ineligible for cancellation of removal because he failed to demonstrate that his conviction of transporting more than 28.5 grams of marijuana in violation of California Health and Safety Code § 11360(a) was not a conviction of an aggravated felony. We deny his petition for review.

Applying the modified categorical approach, we conclude that Cardona’s conviction qualified as an aggravated felony for immigration purposes because it involved “illicit trafficking in a controlled substance.” 8 U.S.C. § 1101 (a)(43)(B); see also Salviejo-Fernandez v. Gonzales, 455 F.3d 1063, 1066 (9th Cir.2006) (“A state drug offense is an ‘aggravated felony’ for immigration purposes only if it would be punishable as a felony under federal drug laws, or if it contains a trafficking element.”). It was Cardona’s burden to demonstrate his eligibility for cancellation of removal. See Young v. Holder, 697 F.3d 976, 988-90 (9th Cir.2012) (en banc). Nothing in his record of conviction, however, demonstrated that the facts on which his conviction…