No. 04-74855.

591 F.3d 1181 (2010)

Windell Javillonar RETUTA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided January 7, 2010.

Attorney(s) appearing for the Case

James Todd Bennett, El Cerrito, CA, for the petitioner.

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

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

POLLAK, District Judge:

Windell Javillonar Retuta petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming the Immigration Judge's (IJ) order that Retuta was removable under 8 U.S.C. § 1227(a)(2)(B)(i) because he had been convicted of a controlled substance violation.

In addressing Retuta's petition, we consider two issues relating to the government proving a "conviction" to establish an alien's removability. First, we determine...

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