In a petition for review of an order removing petitioner from the U.S., the petition is denied where, because the statute of conviction by its own terms was a state law "relating to a controlled substance" and petitioner's conviction involved heroin (a controlled substance as defined in 21 U.S.C. section 802(6)), the BIA correctly found petitioner removable.
Argued and Submitted February 2, 2009
Filed August 5, 2009
Opinion by Judge Wardlaw
Stuart S. Nickum, Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington, DC