Magana-Montes v. Sessions
Magana-Montes v. Sessions
Opinion of the Court
MEMORANDUM
Jose Jesus Magana-Montes, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252. We review de novo questions of law. Cabantac v. Holder, 736 F.3d 787, 792 (9th Cir. 2013). We deny in part and dismiss in part the petition for review.
Magana-Montes is removable for an offense related to a controlled substance, where the abstract of judgment read in conjunction with the complaint shows his conviction under California Health and Safety Code § 11351 involved heroin. See 8 U.S.C. § 1227(a)(2)(B)(i) (an alien who has been convicted of a violation of any law of a state, the United States, or a foreign country relating to a controlled substance is removable); Cabantac, 736 F.3d at 793-94 (“[Wjhere, as here, the abstract of judgment ... specifies that a defendant pleaded guilty to a particular count of the criminal complaint or indictment, we can consider the facts alleged in that count.”). Accordingly, the agency did not violate due process in determining Magana-Montes is removable. See Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014) (“To prevail on a due-process claim, a petitioner must demonstrate both a violation of rights and prejudice.”).
Because the removability determination under 8 U.S.C. § 1227(a)(2)(B)© is dispos-itive, we need not -reach Magana-Montes’ contentions regarding removability under 8 U.S.C. § 1227(a)(2)(A)(iii).
We lack jurisdiction to consider Magana-Montes’ unexhausted contention that the
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.'
Case-law data current through December 31, 2025. Source: CourtListener bulk data.