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Garcia-Garcia v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 21, 2012
501 F. App'x 684 (9th Cir. 2012)

Opinion

No. 12-70179 Agency No. A200-243-030

12-21-2012

ROMALDO GARCIA-GARCIA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney General, Respondent.


NOT FOR PUBLICATION


MEMORANDUM

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


On Petition for Review of an Order of the

Board of Immigration Appeals

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Romaldo Garcia-Garcia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's removal order. We have jurisdiction under 8 U.S.C. § 1252. Reviewing de novo questions of law, Cabantac v. Holder, 693 F.3d 825, 826 (9th Cir. 2012) (per curiam), we deny the petition for review.

The agency correctly concluded that Garcia-Garcia was statutorily ineligible for cancellation of removal due to his conviction for possession of a controlled substance in violation of section 11377(a) of the California Health and Safety Code, see Esquivel-Garcia v. Holder, 593 F.3d 1025, 1028 (9th Cir. 2010) (observing that a conviction for a controlled-substance violation renders an alien statutorily ineligible for cancellation of removal), because a modified categorical analysis of the criminal complaint, read in conjunction with the transcript of his plea hearing, establishes that Garcia-Garcia's conviction relates to the federally controlled substance of methamphetamine, see Cabantac, 693 F.3d at 826 (concluding that a petitioner had suffered a conviction for a controlled-substance violation where judicially noticeable documents indicated that he had pled guilty to possession of methamphetamine).

PETITION FOR REVIEW DENIED.


Summaries of

Garcia-Garcia v. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dec 21, 2012
501 F. App'x 684 (9th Cir. 2012)
Case details for

Garcia-Garcia v. Holder

Case Details

Full title:ROMALDO GARCIA-GARCIA, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Dec 21, 2012

Citations

501 F. App'x 684 (9th Cir. 2012)