U.S. Court of Appeals for the Ninth Circuit, 2013

Garcia v. Holder

Garcia v. Holder
U.S. Court of Appeals for the Ninth Circuit · Decided March 21, 2013 · Pregerson, Reinhardt, Fletcher
512 F. App'x 719

Garcia v. Holder

Opinion

MEMORANDUM **

Ramon Jose Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Aguiluz-Arellano v. Gonzales, 446 F.3d 980, 983 (9th Cir. 2006), and we deny the petition for review.

The BIA properly found Garcia removable under 8 U.S.C. § 1227(a)(2)(B)(i) based on his guilty plea conviction under California Health and Safety Code § 11377(a) for possession of a controlled substance where the record of conviction establishes that the controlled substance underlying Garcia’s conviction was methamphetamine. See Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1040 (9th Cir. 2011) (“We have permitted reliance on an abstract of judgment in combination with a charging document to establish that the defendant pled guilty to a generic crime under the modified categorical approach.”).

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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