Paredes-Perez

AMENDED MEMORANDUM **

Eddie Paredes-Perez, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals (“BIA”) adopting and affirming an immigration judge’s removal order. To the extent we have jurisdiction, it is pursuant to 8 U.S.C. § 1252 . Parrilla v. Gonzales, 414 F.3d 1038, 1040 (9th Cir.2005). We dismiss the petition for review in part, grant it in part, and remand for further proceedings.

We lack jurisdiction to consider Paredes-Perez’s contention regarding Perez-Gonzalez v. Ashcroft, 379 F.3d 783 (9th Cir.2004), as he did not raise it before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir.2004) (holding that exhaustion is mandatory and jurisdictional).

We review legal questions de novo, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir.2005), and apply the modified categorical approach to Paredes-Perez’s conviction under California Health and Safety Code § 11352(a) 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). We conclude that the agency erred…