Although he applied for cancellation of removal, the
Board of Immigration Appeals (BIA) determined that he is ineligible for this relief
because his state drug conviction for the attempted possession of marihuana with the
intent to deliver the drug constitutes an “aggravated felony” under the Immigration and
Nationality Act (INA). The BIA ruled that his state conviction is an aggravated felony
because it corresponds to a felony drug crime under federal law.
Although the precise amount of marihuana involved in Garcia’s case is unknown,
the attempt to possess with the intent to deliver any amount of marihuana less than 50
kilograms is punishable by up to five years in prison. 21 U.S.C. § 841(b)(1)(D). This
means that the elements of Garcia’s state offense presumptively correspond to the
elements of the federal felony offense of attempting to possess with intent to deliver
marihuana. His state conviction should therefore be considered an aggravated felony.
See Lopez, 549 U.S. at 57.
http://www.opn.ca6.uscourts.gov/opinions.pdf/11a0077p-06.pdf
So they push the lie that he has no criminal record