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11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.

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14y ago
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15y ago

Cite as 23 I&N Dec.175 (BIA 2001) Interim Decision #3456 1 Board Members Frederick D. Hess and Roger Pauley did not participate in the decision in this case. 175 In re Cresencio Heriberto MARTINEZ-RECINOS, Respondent File A92 116 087 - Eloy Decided October 15, 2001 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). FOR RESPONDENT: Robert F. Jacobs, Esquire, Santa Ana, California FOR THE IMMIGRATION AND NATURALIZATION SERVICE: Martin C. Magat, Assistant District Counsel BEFORE: Board En Banc: SCIALABBA, Acting Chairman; DUNNE, Vice Chairman; SCHMIDT, HOLMES, HURWITZ, VILLAGELIU, FILPPU, COLE, GUENDELSBERGER, MATHON, ROSENBERG, JONES, GRANT, MOSCATO, MILLER, BRENNAN, ESPENOZA, OSUNA, and OHLSON, Board Members.1 BRENNAN, Board Member: In a decision dated May 17, 2000, an Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (Supp. V 1999), as an alien convicted of an aggravated felony under section 101(a)(43)(S) of the Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). The Immigration Judge concluded that the respondent is ineligible for any relief from removal as a result of his aggravated felony conviction. The respondent has appealed from that decision. The appeal will be dismissed. I. FACTUAL BACKGROUND The respondent is a native and citizen of El Salvador who adjusted his status to that of a lawful permanent resident on February 6, 1990. On December 17, 1998, he was convicted, in the Superior Court of California for Orange County Cite as 23 I&N Dec.175 (BIA 2001) Interim Decision #3456 1 Board Members Frederick D. Hess and Roger Pauley did not participate in the decision in this case. 175 In re Cresencio Heriberto MARTINEZ-RECINOS, Respondent File A92 116 087 - Eloy Decided October 15, 2001 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). FOR RESPONDENT: Robert F. Jacobs, Esquire, Santa Ana, California FOR THE IMMIGRATION AND NATURALIZATION SERVICE: Martin C. Magat, Assistant District Counsel BEFORE: Board En Banc: SCIALABBA, Acting Chairman; DUNNE, Vice Chairman; SCHMIDT, HOLMES, HURWITZ, VILLAGELIU, FILPPU, COLE, GUENDELSBERGER, MATHON, ROSENBERG, JONES, GRANT, MOSCATO, MILLER, BRENNAN, ESPENOZA, OSUNA, and OHLSON, Board Members.1 BRENNAN, Board Member: In a decision dated May 17, 2000, an Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (Supp. V 1999), as an alien convicted of an aggravated felony under section 101(a)(43)(S) of the Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). The Immigration Judge concluded that the respondent is ineligible for any relief from removal as a result of his aggravated felony conviction. The respondent has appealed from that decision. The appeal will be dismissed. I. FACTUAL BACKGROUND The respondent is a native and citizen of El Salvador who adjusted his status to that of a lawful permanent resident on February 6, 1990. On December 17, 1998, he was convicted, in the Superior Court of California for Orange County Cite as 23 I&N Dec.175 (BIA 2001) Interim Decision #3456 1 Board Members Frederick D. Hess and Roger Pauley did not participate in the decision in this case. 175 In re Cresencio Heriberto MARTINEZ-RECINOS, Respondent File A92 116 087 - Eloy Decided October 15, 2001 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A conviction for perjury in violation of section 118(a) of the California Penal Code constitutes a conviction for an aggravated felony under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). FOR RESPONDENT: Robert F. Jacobs, Esquire, Santa Ana, California FOR THE IMMIGRATION AND NATURALIZATION SERVICE: Martin C. Magat, Assistant District Counsel BEFORE: Board En Banc: SCIALABBA, Acting Chairman; DUNNE, Vice Chairman; SCHMIDT, HOLMES, HURWITZ, VILLAGELIU, FILPPU, COLE, GUENDELSBERGER, MATHON, ROSENBERG, JONES, GRANT, MOSCATO, MILLER, BRENNAN, ESPENOZA, OSUNA, and OHLSON, Board Members.1 BRENNAN, Board Member: In a decision dated May 17, 2000, an Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (Supp. V 1999), as an alien convicted of an aggravated felony under section 101(a)(43)(S) of the Act, 8 U.S.C. § 1101(a)(43)(S) (Supp. V 1999). The Immigration Judge concluded that the respondent is ineligible for any relief from removal as a result of his aggravated felony conviction. The respondent has appealed from that decision. The appeal will be dismissed. I. FACTUAL BACKGROUND The respondent is a native and citizen of El Salvador who adjusted his status to that of a lawful permanent resident on February 6, 1990. On December 17, 1998, he was convicted, in the Superior Court of California for Orange County

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12y ago

11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.

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11y ago

Your most likely thinking H&S (Health and Safety) Code. This section involves possession of controlled substances such as opiates, Heroin, Cocain, Vicodin, etc... If you do not have prescription for pills its illegal to possess them. Jim

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13y ago

possession of a controlled substance while armed with a firearm

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14y ago

its a computer name

This is not a Penal Code.

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14y ago

Under the influence of a controlled substance.

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14y ago

Possession of a controlled substance.

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Q: What is ca penal code 11358?
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