Salviejo-Fernandez v. Gonzales, ___ F.3d ___ (9th Cir. Jul. 31, 2006) (California conviction of maintaining a place to store drugs for sale, in violation of Health & Safety Code 11366, constitutes a drug trafficking aggravated felony under INA 101(a)(43)(B), 8 U.S.C. 1101(a)(43)(B), for immigration purposes).



Note: The majority holds that a violation of California Heath & Safety Code 11366 is a categorical match for 21 U.S.C. 856 (i.e., has the exact same elements and covers the same range of offenses), and is thus categorically an aggravated felony drug offense. The dissent points out that, while a conviction under California Health & Safety Code 11366.5 is a categorical match, a conviction under the statute at issue is broader than the federal definition because Health & Safety Code 11366 (unlike the federal offense) does not require that the owner knew that the place would be used for the purpose of drug sales (i.e. the offense can be committed negligently).