Ismael Rivas Cotas v. Merrick Garland ( 2023 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 15 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ISMAEL RIVAS COTAS, AKA Ismael No. 20-70219
Rivas Cota,
Agency No. A205-272-235
Petitioner,
v. MEMORANDUM*
MERRICK B. GARLAND, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 13, 2023**
San Francisco, California
Before: MILLER, SANCHEZ, and MENDOZA, Circuit Judges.
Ismael Rivas Cotas, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) decision, affirming the Immigration
Judge’s (“IJ”) denial of his motion for reconsideration. We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
8 U.S.C. § 1252, and we deny the petition.
Petitioner contends the BIA erred in denying sua sponte reconsideration
based on our decision in Lorenzo v. Sessions, 902 F.3d 930 (9th Cir. 2018),
withdrawn on denial of reh’g sub nom. Lorenzo v. Whitaker, 913 F.3d 930 (9th Cir.
2019), and superseded sub nom. Lorenzo v. Whitaker, 752 F. App’x 482 (9th Cir.
2019). Because Lorenzo v. Sessions was withdrawn and superseded by a non-
precedential memorandum disposition, the BIA did not err in concluding that
petitioner’s motion for reconsideration is not supported by binding circuit
precedent. See Grimm v. City of Portland, 971 F.3d 1060, 1067 (9th Cir. 2020).
Moreover, United States v. Rodriguez-Gamboa, 972 F.3d 1148 (9th Cir.
2020), forecloses petitioner’s claim. Rodriguez-Gamboa held “as a matter of law,
that California’s definition of methamphetamine is a categorical match to the
definition under the federal [Controlled Substances Act].” Id. at 1154 n.5. The BIA
did not abuse its discretion in denying the petitioner’s motion for reconsideration.
See Ayala v. Sessions, 855 F.3d 1012, 1020 (9th Cir. 2017).
PETITION DENIED.
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