Polikarpovas

MEMORANDUM **

Vitalijus Polikarpovas, a native and citizen of Lithuania, petitions pro se for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from an immigration judge’s decision denying his motion to terminate removal proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252 . Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). Reviewing de novo, see Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), we grant the petition for review.

Polikarpovas contends that the government has not proven his removablity following conviction for a controlled substance offense under 8 U.S.C. § 1227 (a)(2)(B)(i). We agree. Convictions under Cal. Health and Safety Code §§ 11360(A) and 11379(A) do not categorically qualify as removable offenses under 8 U.S.C. § 1227 because “California law regulates the possession and sale of numerous substances that are not similarly regulated by the [federal Controlled Substances Act].” See Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir.2007). Applying the modified categorical approach, we conclude that the BIA erred in relying on a minute order to establish the basis for Polikarpovas’ removability.…