Victor Sillas-Iribe v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Victor Sillas-Iribe v. Loretta E. Lynch, 633 F. App'x 389 (9th Cir. 2016)

Victor Sillas-Iribe v. Loretta E. Lynch

Opinion

MEMORANDUM **

Victor Noel Sillas-Iribe, 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, Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012), and we deny the petition for review.

The BIA correctly concluded that Sillas-Iribe’s conviction under California Health & Safety Code § 11350(a) is for a crime “relating to a controlled substance,” rendering him removable under 8 U.S.C. § 1182(a)(2) (A) (i)(II), where the plea agreement refers to “Count 1: 11350(a)” and count 1 of the felony complaint specifies cocaine. See 21 U.S.C. § 812(c), sched. II(a)(4); Coronado v. Holder, 759 F.3d 977, 986 (9th Cir. 2014) (“Where the minute order or other equally reliable document specifies that a defendant pleaded guilty to a particular count of a criminal complaint, the court may consider the facts alleged in the complaint.”); United States v. Torre-Jimenez, 771 F.3d 1163, 1168-69 (9th Cir. 2014) (“the phrase ‘as charged in the Information (or Indictment)’ is not required where the documents are unambiguous”).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Victor Noel SILLAS-IRIBE, AKA Lerma Victor Urias, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished