Opinion
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 32.1)
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A072-321-175.
For ELLIOT NILSSON GARCIA-CASTRO, Petitioner: Bernadette Willeke Connolly, Attorney, LAW OFFICES OF BERNADETTE W. CONNOLLY, San Jose, CA.
For ERIC H. HOLDER, Jr., Attorney General, Respondent: Brooke Maurer, Trial Attorney, OIL, U.S. DEPARTMENT OF JUSTICE, Civil Division/Office of Immigration Litigation, Washington, DC; Chief Counsel ICE, OFFICE OF THE CHIEF COUNSEL, Department of Homeland Security, San Francisco, CA.
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Elliot Nilsson Garcia-Castro, a native and citizen of El Salvador, petitions for review of an order of the Board of Immigration Appeals (" BIA" ) denying his motion to reconsider its prior order denying his motion to reopen deportation proceedings. We dismiss the petition for review.
Garcia-Castro's undisputed deportability for a controlled-substance violation under former 8 U.S.C. § 1231(a)(2)(B)(i) precludes us from considering his abuse-of-discretion challenge to the BIA's decision denying his motion to reconsider. See 8 U.S.C. § 1252(a)(2)(C); Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir. 2009) (per curiam); see also Ghahremani v. Gonzales, 498 F.3d 993, 998 n.5 (9th Cir. 2007) (" [W]ithdrawal of judicial review over final orders of deportation also withdraws jurisdiction from motions to reconsider . . . for those aliens deportable for having committed a crime enumerated in the statute." (citation omitted)).
PETITION FOR REVIEW DISMISSED.