Martin Jiminez-Ochoa v. Eric H. Holder Jr.

472 F. App'x 831

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 3, 2012
• Docket: 08-71594
• Status: Unpublished

Opinion

MEMORANDUM *

Martin Jiminez-Ochoa, a native and citizen of Mexico and formerly a legal permanent resident (LPR) of the United States, petitions for review of the decision of the Board of Immigration Appeals (BIA) that Jiminez-Ochoa’s conviction under Nev. Rev.Stat. §§ 453.554 and 453.566 qualifies as a conviction “relating to a controlled substance” under the Immigration and Nationality Act, and that Jiminez-Ochoa is statutorily ineligible for cancellation of removal.

We agree with the BIA that Jiminez-Ochoa’s Nevada conviction for possession of drug paraphernalia is a conviction “relating to a controlled substance” under 8 U.S.C. § 1227(a)(2)(B)®, rendering him removable from the United States. See Luu-Le v. INS, 224 F.3d 911, 916 (9th Cir.2000).

We also agree with the BIA that Jiminez-Ochoa is statutorily ineligible for cancellation of removal because he cannot establish seven years of continuous residence after having been admitted in any status. See 8 U.S.C. § 1229b(a)(2). Jiminez-Ochoa was “admitted” to the United States on June 26, 2000, when he adjusted to LPR status. He committed the offense that rendered him removable on September 26, 2006. A period of continuous residence ceases to accrue on the date of commission of a removable offense. 8 U.S.C. § 1229b(d)(l). Therefore, JiminezOchoa only accrued continuous residence for a period of six years and three months, nine months shy of the requisite seven years.

DENIED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.