Al-Husseini

MEMORANDUM **

We agree with the district court’s conclusion that Al-Husseini was ineligible to naturalize under 8 U.S.C. § 1101 (f)(8) due to his 1991 California state conviction under California Health and Safety Code § 11352(a) for selling cocaine, which constituted an aggravated felony. The parties do not contest the issue of whether a violation of § 11352 constitutes an aggravated felony under the categorical approach. See United States v. Rivera-Sanchez, 247 F.3d 905, 909 (9th Cir.2001) (concluding that “the full range of conduct encompassed by [an analogous] statute does not constitute an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B)” because it punishes solicitation as well as trafficking in drugs). In this case, the Attorney General produced the Information and the abstract of judgment to show that petitioner had committed an aggravated felony that made him ineligible for naturalization. The information demonstrates that Al-Husseini was charged with four counts of selling and offering to sell cocaine in violation of California Health and Safety Code § 11352(a), and the abstract of judgment shows that Al-Husseini pled guilty to Counts 1, 2, and 4 of “Sell, Offer to…