Roman-Suaste v. Holder, No. 12-73905 (9th Cir. 2014)
Annotate this CasePetitioner, a native and citizen of Mexico, sought review of the BIA's decision affirming the IJ's final order of removal against him. The court concluded that possession of marijuana for sale under the California Health & Safety Code (CHSC) section 11359 contemplates a sale - that is, distribution of marijuana in exchange for remuneration. Further, aiding and abetting liability under California law is no different from aiding and abetting liability under federal law. Therefore, the court held that petitioner's conviction for possession of marijuana for sale under section 11359 is categorically an aggravated felony, namely "illicit trafficking in a controlled substance." Accordingly, the court denied the petition for review.
Court Description: Immigration. The panel denied Roberto Roman-Suaste’s petition for review of the Board of Immigration Appeals’ decision finding him removable and ineligible for relief based on his conviction for possession of marijuana for sale, in violation of California Health & Safety Code § 11359. The panel affirmed the Board of Immigration Appeals’ finding that a conviction under California Health & Safety Code § 11359 is a categorical aggravated felony. The panel held that the conviction contemplates distribution of marijuana in exchange for remuneration, and that aiding and abetting liability is no different under California law than under federal law. The panel held that the conviction therefore constitutes illicit trafficking in a controlled substance, an aggravated felony under 8 U.S.C. § 1101(a)(43)(B).
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