Ramon MacIas-carreon v. Eric Holder, Jr.
Opinion
Opinion
Murguia, J.
We have held that California Health & Safety Code § 11359 is categorically a “controlled substance offense” for sentencing purposes. United States v. Sandoval-Venegas, 292 F.3d 1101, 1107 (9th Cir.2002). We now hold that § 11359 is categorically a crime “relating to a controlled substance” under the Immigration and Nationality Act.
I. Background
Petitioner Ramon Macias-Carreon, a native and citizen of Mexico, entered the United States in 1988 without inspection and without being admitted or paroled. On July 1, 1992, Macias-Carreon pled guilty in California state court to violating California Health & Safety Code § 11359 and was sentenced to 120 days imprisonment and three years of probation. Section 11359 provides that “[e]very person who possesses for sale any marijuana ... shall be punished by imprisonment.”
On February 20, 2007, the Department of Homeland Security served Macias-Car-reon with a Notice to Appear (“NTA”). The NTA alleged Macias-Carreon was removable pursuant to (1) 8 U.S.C. § 1182 (a)(6)(A)(i) as an alien present in the United States without being admitted or paroled and (2) 8 U.S.C. § 1182 (a)(2)(A)(i)(II) as an alien convicted of violating a law…