GUERRERO-SILVA v. HOLDER

No. 05-77420.

599 F.3d 1090 (2010)

Adrian GUERRERO-SILVA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed March 31, 2010.


Attorney(s) appearing for the Case

Michael K. Mehr, Law Office of Michael K. Mehr, Santa Cruz, CA, for the petitioner.

Peter D. Keisler, M. Jocelyn Lopez Wright & Lindsay L. Chichester, United States Department of Justice, Civil Division, Washington, D.C., for the respondent.

Before PROCTER HUG, JR. and JAY S. BYBEE, Circuit Judges, and JAMES S. GWIN, District Judge.


BYBEE, Circuit Judge:

Again, we face the question of whether a state conviction qualifies as a removable offense under federal immigration law. Adrian Guerrero-Silva argues that his conviction under California Health and Safety Code § 11361(b) does not qualify as a controlled substance offense under 8 U.S.C. § 1227(a)(2)(B)(i). We conclude that Guerrero-Silva is removable and, because Guerrero-Silva does not raise any other constitutional questions or questions...

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