UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 27 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS CANDIDO GONZALEZ DOMINGUEZ, No. 15-72814 AKA X. Chico, AKA Jose Luis Cuevas, AKA Juan Carlos Enrique, AKA Carlos Agency No. A074-208-146 Juan Enriquez, AKA Carlos Gonzalez, AKA Juan Carlos Horigua, AKA Chico Moniker, ORDER AMENDING Petitioner, MEMORANDUM DISPOSITION AND DENYING PETITION FOR v. PANEL REHEARING JEFFERSON B. SESSIONS III, Attorney General, Respondent. Before: WARDLAW and CALLAHAN, Circuit Judges, and KENDALL,* District Judge. The memorandum disposition filed August 2, 2018 (Docket Entry No. 70), is amended as follows: On page 8, replace the sentence beginning on the sixth line down from the top of the page: Such a peek at the record supports the conclusion that the dangerous drug component is divisible. with Taking such a peek, we observe that the indictment, the criminal * The Honorable Virginia M. Kendall, United States District Judge for the Northern District of Illinois, sitting by designation. complaint, the plea agreement, and the sentencing order all identify methamphetamine and no other drug listed in § 13-3407(A)(7). This indicates that the statute contains a list of elements. See id. at 2257 (“[A]n indictment and jury instructions could indicate, by referencing one alternative term to the exclusion of all others, that the statute contains a list of elements, each one of which goes toward a separate crime.”). We thus conclude that the dangerous drug component is divisible. With the foregoing amendment to the memorandum disposition, Petitioner’s petition for panel rehearing (Docket Entry No. 73) is denied. No further petitions for rehearing will be accepted in this case. 2 NOT FOR PUBLICATION FILED SEP 27 2018 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT CANDIDO GONZALEZ DOMINGUEZ, No. 15-72814 AKA X. Chico, AKA Jose Luis Cuevas, AKA Juan Carlos Enrique, AKA Carlos Agency No. A074-208-146 Juan Enriquez, AKA Carlos Gonzalez, AKA Juan Carlos Horigua, AKA Chico Moniker, AMENDED MEMORANDUM* Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent-Appellee. On Petition for Review of a Final Order of the Board of Immigration Appeals Argued and Submitted April 3, 2017 Pasadena, California Resubmitted August 2, 2018 Before: WARDLAW and CALLAHAN, Circuit Judges, and KENDALL,** District Judge. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Virginia M. Kendall, United States District Judge for the Northern District of Illinois, sitting by designation. Candido Gonzalez-Dominguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (“BIA”) order affirming its decision that Gonzalez was ineligible for cancellation of removal because his conviction fell within the definition of an aggravated felony under 8 U.S.C. §§ 1101(a)(43)(B) and (U). We have jurisdiction under 8 U.S.C. § 1252 and review the BIA’s decision, which involved a purely legal question, de novo. See Medina–Lara v. Holder, 771 F.3d 1106, 1117 (9th Cir. 2014). 1. Pursuant to 8 U.S.C. ...
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