Ignacio Diaz-Perez v. Eric Holder, Jr.

MEMORANDUM

Ignacio Diaz-Perez seeks review of a decision by the Board of Immigration Appeals (“BIA”). He contends that the BIA erroneously decided he was ineligible for cancellation of removal under 8 U.S.C. § 1229b(a).

In December 2005, an Arizona grand jury indicted Diaz-Perez on three drug-related counts. Diaz-Perez pleaded guilty to Count 2, which stated that he “knowingly transported for sale, imported into this state, or offered to transport for sale or import into this state, sold, transferred, or offered to sell or transfer Methamphetamine, a dangerous drug, ... in violation of [Arizona statutes].”

In April 2009, the government began proceedings to remove Diaz-Perez from the United States. It specifically sought removal under 8 U.S.C. § 1227 (a)(2)(B)(i), which authorizes removal of aliens who have violated a state’s controlled-substance law. An immigration judge (“IJ”) found Diaz-Perez removable for his commission of “a controlled substance violation.” Diaz-Perez argued that he was eligible for a “cancellation of removal” under 8 U.S.C. § 1229b(a). That provision allows the Government to cancel the alien’s removal if he: “(1) has been an alien lawfully admitted for…