Case: 17-12247 Date Filed: 12/13/2018 Page: 1 of 24 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-12247 ________________________ Agency No. A077-020-040 RAMON DURAN GUILLEN, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ________________________ Petition for Review of a Decision of the Board of Immigration Appeals ________________________ (December 13, 2018) Before MARCUS, NEWSOM, and EBEL, * Circuit Judges. MARCUS, Circuit Judge: * Honorable David M. Ebel, United States Circuit Judge for the Tenth Circuit, sitting by designation. Case: 17-12247 Date Filed: 12/13/2018 Page: 2 of 24 An alien convicted of a state offense “relating to a controlled substance” as defined by federal law is eligible to be removed from the United States. 8 U.S.C. § 1227(a)(2)(B)(i). This case presents the issue whether a conviction for cocaine possession under Fla. Stat. § 893.13(6)(a) counts as a conviction of an offense “relating to a controlled substance” under this provision. Petitioner Ramon Duran Guillen argues that it does not, on the ground that the Florida statute is indivisible and applies to some substances that fall outside the federal definition of a controlled substance. We hold that Fla. Stat. § 893.13(6)(a) is divisible by the identity of the drug possessed, permitting the use of the modified categorical approach to determine what substance was involved in a particular offense. Because the record documents unambiguously reveal that Guillen’s convictions involved cocaine, a federally controlled substance, we deny the petition for review. I. The relevant facts are undisputed. Ramon Duran Guillen was born on July 2, 1984, in Mexico. He testified before an Immigration Judge (IJ) that he entered the United States illegally in 1991, later becoming a lawful permanent resident in 1999. His parents and four of his five siblings are also permanent residents, while his youngest sister was born in the United States and is an American. Guillen has lived with his parents and teenage sister in Sarasota, Florida, since 2014. He is unmarried and has no children. 2 Case: 17-12247 Date Filed: 12/13/2018 Page: 3 of 24 Guillen’s criminal history consists of five incidents, all of which involved cocaine. In 2011, Guillen was first arrested for possession of cocaine under Fla. Stat. § 893.13(6)(a) as well as possession of a small quantity of marijuana. Guillen pleaded nolo contendere and was sentenced to thirty days in jail. Next, in 2014 Guillen was arrested on four counts including cocaine possession, property damage, possession of narcotic equipment, and resisting an officer. Guillen testified that the property damage and resistance occurred after he was arrested and sent to a hospital because of a suspected cocaine overdose. He again pleaded nolo contendere and received a four-month sentence. In 2015, Guillen pleaded nolo contendere to possession of cocaine, possession of more than 20 grams of marijuana, driving under the influence, and fleeing or attempting to elude a police officer. He received a nine-month sentence. Later that year, Guillen was arrested for vehicle theft, another count of cocaine possession, and possession of a small amount of marijuana. ...
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