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ROMAN-SUASTE v. HOLDER

No. 12-73905.

766 F.3d 1035 (2014)

Roberto ROMAN-SUASTE, aka Roberto Roman, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2014.

Attorney(s) appearing for the Case

Yonaton M. Rosenzweig (argued) and Nicole Shimoda , Katten Muchin Rosenman LLP, Los Angeles, CA, for Petitioner.

Stuart F. Delery , Assistant Attorney General, Linda S. Wernery , Assistant Director, James E. Grimes , Senior Litigation Counsel, and Susan Bennett Green (argued), Trial Attorney, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for Respondent.

Before: FORTUNATO P. BENAVIDES, KIM McLANE WARDLAW, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

CLIFTON, Circuit Judge:

Roberto Roman-Suaste, a native and citizen of Mexico, was charged with being a removable alien on the basis of a conviction for possession of marijuana for sale under California Health & Safety Code ("CHSC") § 11359. The Board of Immigration Appeals held that a conviction under CHSC § 11359 is categorically an aggravated felony. Roman-Suaste was therefore found to be removable and ineligible for various discretionary...

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