FILED
NOT FOR PUBLICATION MAY 03 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARTIN JIMINEZ-OCHOA, AKA No. 08-71594
Martin Jiminez,
Agency No. A076-337-465
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Argued and Submitted February 17, 2012
San Francisco, California
Before: HUG, B. FLETCHER, and PAEZ, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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)(i), 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)(1). Therefore,
Jiminez-Ochoa only accrued continuous residence for a period of six years and
three months, nine months shy of the requisite seven years.
DENIED.