Guerra-Valenzuela

MEMORANDUM *

Gabriel Guerra-Valenzuela petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) order finding that he is removable and ineligible for cancellation of removal based on his conviction under California Health & Safety Code § 11366.5(a). We grant the petition and remand for proceedings consistent with our disposition.

Under § 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a), a legal permanent resident is eligible for cancellation of removal if he or she “(1) has been an alien lawfully admitted for permanent residence for not less than 5 years, (2) has resided in the United States continuously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony.” The IJ found that Guerra-Valenzuela satisfied the first two prerequisites, but was ineligible for cancellation of removal because he had been convicted of an aggravated felony — “illicit trafficking in a controlled substance (as defined in section 802 of Title 21), including a drug trafficking crime (as defined in section 924(c) of Title 18).” 8 U.S.C. § 1101 (a)(43)(B). The IJ stated that…