MACIAS-CARREON v. HOLDER

No. 10-70380.

716 F.3d 1286 (2013)

Ramon MACIAS-CARREON, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 30, 2013.


Attorney(s) appearing for the Case

Elsa Ines Martinez , Law Offices of Elsa Martinez, PLC, Los Angeles, CA, for Petitioner.

Matt Crapo , Department of Justice, Civil Division, Washington, D.C., for Respondent.

Before: JOHN T. NOONAN, KIM McLANE WARDLAW, and MARY H. MURGUIA, Circuit Judges.


OPINION

MURGUIA, Circuit Judge:

We have held that California Health & Safety Code § 11359 is categorically a "controlled substance offense" for sentencing purposes. United States v. Sandoval-Venegas, 292 F.3d 1101, 1107 (9th Cir. 2002). We now hold that § 11359 is categorically a crime "relating to a controlled substance" under the Immigration and Nationality Act.

I. Background

Petitioner...

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