U.S. Court of Appeals for the Ninth Circuit, 2012

Romaldo Garcia-Garcia v. Eric Holder, Jr.

Romaldo Garcia-Garcia v. Eric Holder, Jr.
U.S. Court of Appeals for the Ninth Circuit · Decided December 21, 2012 · Goodwin, Wallace, Fisher
501 F. App'x 684

Romaldo Garcia-Garcia v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Romaldo Garcia-Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Cabantac v. Holder, 693 F.3d 825, 826 (9th Cir. 2012) (per curiam), we deny the petition for review.

The agency correctly concluded that Garcia-Garcia was statutorily ineligible for cancellation of removal due to his conviction for possession of a controlled substance in violation of section 11377(a) of the California Health and Safety Code, see Esquivel-Garcia v. Holder, 593 F.3d 1025, 1028 (9th Cir. 2010) (observing that a conviction for a controlled-substance violation renders an alien statutorily ineligible for cancellation of removal), because a modified categorical analysis of the criminal complaint, read in conjunction with the transcript of his plea hearing, establishes that Garcia-Garcia’s conviction relates to the federally controlled substance of methamphetamine, see Cabantac, 693 F.3d at 826 (concluding that a petitioner had suffered a conviction for a controlled-substance violation where judicially noticeable *685 documents indicated that he had pled guilty to possession of methamphetamine).

PETITION FOR REVIEW DENIED.

**

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

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