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HERNANDEZ-AGUILAR v. HOLDER

No. 06-71945.

587 F.3d 1034 (2009)

Juan Rolando HERNANDEZ-AGUILAR, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed November 25, 2009.

Attorney(s) appearing for the Case

Howard Robert Davis, Santa Monica, CA, Juan Rolando Hernandez-Aguilar, Pro Se, for the petitioner.

Bryan Stuart Beier, U.S. Department of Justice, Washington, D.C., for the respondent.

Before: W. FLETCHER and RICHARD R. CLIFTON, Circuit Judges, and LOUIS H. POLLAK, District Judge.

WILLIAM A. FLETCHER, Circuit Judge:

Juan Rolando Hernandez-Aguilar petitions for review of the Board of Immigration Appeals' ("BIA") decision affirming the Immigration Judge's ("IJ") final order of removal. The BIA held that Hernandez-Aguilar's conviction under California Health and Safety Code § 11379(a) qualifies as a basis for removability under 8 U.S.C. § 1182(a)(2)(A)(i)(II), which makes removable any alien "convicted of a violation of (or a conspiracy...

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