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Roberto Roman-Suaste v. Holder

The Ninth Circuit held in Roberto Roman-Suaste v. Holder that a conviction for California Health and Safety Code section 11359 (possession of marijuana with intent to sell) is categorically an aggravated felony as a drug trafficking offense pursuant to INA § 101(a)(43)(B), 8 USC § 1101(a)(43)(B).

The petitioner had argued under Moncrieffe that there might be situations where a defendant is convicted of HS § 11359 for distribution for insignificant payment or payment for social, medical, or family purposes, which would not be illicit trafficking.  The court disagreed.  It found that any type of distribution for remuneration would be illicit trafficking and thus an aggravated felony under Moncrieffe.

The court further rejected the petitioner's argument that California extends aiding and abetting liability beyond the generic federal definition, an argument that had little chance given the Supreme Court's decision in Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007).

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