Macias-Carreon v. Holder, No. 10-70380 (9th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Mexico, petitioned for review of the BIA's decision finding that his conviction for possession of marijuana for sale in violation of California Health & Safety Code 11359 was categorically a crime relating to a controlled substance. The court concluded that petitioner failed to met his burden of proving a "realistic probability" that Cailfornia would apply section 11359 to conduct not related to a controlled substance. Just as section 11359 was categorically a controlled substance offense for sentencing purposes, it was categorically a crime relating to a controlled substance for immigration purposes. Accordingly, the court affirmed the judgment.
Court Description: Immigration. The panel denied Ramon Macias-Carreon’s petition for review of the Board of Immigration Appeals’ decision finding that his conviction for possession of marijuana for sale, in violation of California Health & Safety Code § 11359, is categorically a crime relating to a controlled substance. The panel found that Macias-Carreon failed to meet his burden of proving a “realistic probability” that California would apply § 11359 to conduct not related to a controlled substance, and held that the conviction is thus a categorical crime relating to a controlled substance under the Immigration and Nationality Act.
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