U.S. Court of Appeals for the Ninth Circuit, 2017

Rafael Santoyo-Garcia v. Jefferson Sessions

Rafael Santoyo-Garcia v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided October 2, 2017 · Silverman, Tallman, Smith
698 F. App'x 454

Rafael Santoyo-Garcia v. Jefferson Sessions

Opinion

MEMORANDUM **

Rafael Santoyo-Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from *455 an immigration judge’s (“IJ”) decision denying his application for cancellation of removal and ordering him removed. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Coronado v. Holder, 759 F.3d 977, 982 (9th Cir. 2014). We deny in part and dismiss in part the petition for review.

Santoyo-Garcia’s conviction under Cal. Health & Safety Code § 11377(a), for possession of methamphetamine, constitutes a controlled substance violation that renders him removable under 8 U.S.C. § 1227(a)(2)(B)(i). See United States v. Martinez-Lopez, 864 F.3d 1034, 1036, 1041 (9th Cir. 2017) (en banc) (holding that a similar California controlled substance statute is divisible with respect to the listed substances); Coronado, 759 F.3d at 984-86 (holding that a § 11377(a) conviction for possession of methamphetamine was a controlled substance violation under the modified categorical approach).

We lack jurisdiction to review the agency’s denial of cancellation of removal as a matter of discretion, where Santoyo-Gar-cia does not raise a colorable legal or constitutional claim that would invoke our jurisdiction. See 8 U.S.C. § 1252(a)(2)(B), (D); Planes v. Holder, 652 F.3d 991, 999 (9th Cir. 2011) (dismissing petition challenging discretionary denial of cancellation of removal for failure to raise a colorable legal or constitutional challenge).

We deny Santoyo-Garcia’s motions for appointment of counsel (Docket Entry Nos. 25 & 26).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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