Nath v. Gonzales, ___ F.3d ___, 2006 WL 3110424 (9th Cir. Nov. 3, 2006) (California conviction of sale or offer to transport a controlled substance, in violation of Health & Safety Code 11379(a), did not unequivocally establish conviction of a deportable aggravated felony drug trafficking offense or deportable controlled substances offense, since record of conviction did not specify the specific offense, within the divisible statute, of which respondent had been convicted the second time after the initial conviction had been vacated; BIA erred in assuming that respondent had been reconvicted of the same offense within the divisible statute of which he had originally been convicted, since reconviction documents did not establish that he had been reconvicted of a deportable offense).
http://caselaw.lp.findlaw.com/data2/circs/9th/0516557p.pdf