U.S. Court of Appeals for the Ninth Circuit, 2010

Padilla v. Holder

U.S. Court of Appeals for the Ninth Circuit · Decided March 24, 2010 · Schroeder, Pregerson, Rawlinson

372 F. App'x 698

Counsel

Thomas Spaniolo, Law Office of Thomas Spaniolo, Chandler, AZ, for Petitioner., Peter H. Matson, Carmel Aileen Morgan, Esq., Jesse Lloyd Busen, Barry J. Pettinato, Emily Anne Radford, OIL, DOJ — U.S. Department of Justice, Washington, DC, District Counsel, Office of the District Chief Counsel, U.S. Department of Homeland Security, Phoenix, AZ, Ronald E. LeFevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Opinion

MEMORANDUM **

Jesus Armando Padilla, a native and citizen of Mexico, petitions for review of *699 the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law, Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir. 2006), and we deny the petition for review.

Padilla’s contention that his conviction for possession of drug paraphernalia in violation of Arizona Revised Statutes section 13-3415 is not a crime relating to a controlled substance under 8 U.S.C. § 1227(a)(2)(B)(i) is foreclosed. See Luu-Le v. INS, 224 F.3d 911, 916 (9th Cir. 2000); see also Ruiz-Vidal v. Gonzales, 473 F.3d 1072, 1077 n. 5 (9th Cir. 2007).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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