Hernandez-Aguilar

MEMORANDUM **

Juan Rolando Hernandez-Aguilar, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). Reviewing de novo, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), we grant the petition for review and remand for further proceedings.

The government did not meet its burden of proving that Hernandez-Aguilar is inadmissible under 8, U.S.C. § 1182 (a)(2)(A)(i)(II). Convictions under California Health and Safety Code § 11377(a) do not categorically qualify as offenses relating to a controlled substance for purposes of the Immigration and Nationality Act because “California law regulates the possession and sale of numerous substances that are not similarly regulated by the [federal Controlled Substances Act].” Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir.2007). The statute of conviction charged by the government in this case, California Health and Safety Code § 11379(a), similarly punishes substances that are not federally listed. We…