Reyes-Floriano

MEMORANDUM *

Petitioner Jose Reyes-Floriano petitions tor review of the Board of Immigration Appeals’ (“Board”) decision affirming without opinion the Immigration Judge’s (“IJ”) order finding that he is deportable under what is now § 237(a)(2)(B)® of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227 , and that he is statutorily inadmissible pursuant to § 245® of the Act because of his conviction under California Vehicle Code section 23152(a) for driving under-the-influence of drugs. The IJ determined that this conviction is one that “relates to” a controlled substance. See INA § 237(a)(2)(B)®, codified at 8 U.S.C. § 1227 (a)(2)(B)®. We have jurisdiction to review the BIA’s decision. 1 Where, as here, the BIA’s interpretation of law is contained in an unpublished decision of a single Board member that does not bind third parties, we owe that interpretation only Skidmore deference. That is, we defer to the Board’s interpretation only to the extent that contains ™dicia of Pei" “eness. See Ortega-Cervantes v. Gonzales, 501 F.3d 1111, 1113 (9th Cir . 2007); see also Skidmore v. Swift & Co., 323 U.S. 134, 140 , 65 S.Ct 161 , 89 L.Ed. 124 (1944) (the deference owed to an…