Opinion
No. 06-71049.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 7, 2009.
Frank P. Sprouls, Esquire, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner.
Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, OIL, Gregory Michael Kelch, DOJ-U.S. Department of Justice. Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A038-461-235.
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Leopoldo Bajala, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo questions of law, Altamirano v. Gonzales, 427 F.3d 586, 591 (9th Cir. 2005), and we deny the petition for review.
Bajala's contention that his conviction under California Health Safety Code § 11358 is not an aggravated felony is foreclosed by United States v. Reveles-Espinoza, 522 F.3d 1044, 1047 (9th Cir. 2008) (per curiam). Accordingly, the agency properly concluded that Bajala was not eligible for cancellation of removal. see 8 U.S.C. § 1229(a)(3)