Legal Opinion

Roberto Roman-Suaste v. Eric Holder, Jr.

Court of Appeals for the Ninth Circuit

Decided September 4, 2014No. 12-73905PublishedCited by 17 opinions

1Opinion of the Court

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 forms of relief from removal.

We agree with the BIA. Possession of marijuana for sale under CHSC § 11359 contemplates a sale — that is, distribution…

2Cases cited7 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Moncrieffe v. HolderSupreme Court of the United States · 2013
  3. Gonzales v. Duenas-AlvarezSupreme Court of the United States · 2007
  4. United States v. David Martinez-RodriguezCourt of Appeals for the Ninth Circuit · 2007
  5. United States v. SliwoCourt of Appeals for the Sixth Circuit · 2010

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. United States v. Jose Valdivia-FloresCourt of Appeals for the Ninth Circuit · 2017
  2. Noe Medina-Rodriguez v. William BarrCourt of Appeals for the Ninth Circuit · 2020
  3. Maria Jauregui-Cardenas v. William BarrCourt of Appeals for the Ninth Circuit · 2020
  4. United States v. Kenneth DoorCourt of Appeals for the Ninth Circuit · 2019
  5. Claudia Prado v. William BarrCourt of Appeals for the Ninth Circuit · 2019

12 more not listed; retrieve them via the Exa API.

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