Amezcua Garcia v. Holder
December 30, 2009
**Controlled substance; ag. fel., CHSC section 11366.5(drug manufacturing) **
The agency properly concluded that Amezcua Garcia is removable under 8 U.S.C. § 1227(a)(1)(A) because the record of conviction establishes that his 1995 conviction for violating CH&SC section 11366.5 related to a federally defined controlled substance and he was therefore inadmissable at the time of his 1999 entry. However, the BIA erred in holding that Amezcua Garcia’s conviction was categorically an aggravated felony as defined in INA § 101(a)(43)(B), as not all the behavior prohibited by section 11366.5 would constitute a violation of 21 U.S.C. § 856(a)-(b).
http://www.ca9.uscourts.gov/datastore/memoranda/2009/12/30/07-72516.pdf
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