Najera-Jaloma v. Holder , 358 F. App'x 896 ( 2009 )

FILED
NOT FOR PUBLICATION DEC 08 2009
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
FRANCISCO JAVIER NAJERA- No. 07-72471
JALOMA,
Agency No. A072-308-514
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Francisco Javier Najera-Jaloma, 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 pursuant to
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
IH/Research
8 U.S.C. § 1252. We review de novo questions of law, Sandoval-Lua v. Gonzales,
499 F.3d 1121, 1126-27 (9th Cir. 2007), and we deny the petition for review.
Because Najera-Jaloma’s 2002 conviction for possession of a controlled
substance in violation of California Health & Safety Code § 11350(a) was his
second drug-related conviction, it would not have qualified for treatment under the
Federal First Offenders Act, 18 U.S.C. § 3607, if he had been prosecuted in federal
court. See Aguiluz-Arellano v. Gonzales, 446 F.3d 980, 983-84 (9th Cir. 2006).
Accordingly, the agency did not err in considering it to be a conviction for the
purpose of sustaining the charge of removability under 8 U.S.C. § 1227(a)(2)(B)(i).
Id.In light of our disposition, we need not address Najera-Jaloma’s remaining
contention.
PETITION FOR REVIEW DENIED.
IH/Research 2 07-72471