Elliot Garcia-Castro v. Eric Holder, Jr. ( 2014 )

FILED
NOT FOR PUBLICATION APR 11 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ELLIOT NILSSON GARCIA-CASTRO, No. 12-71929
Petitioner, Agency No. A072-321-175
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 7, 2014**
Before: TASHIMA, GRABER, and IKUTA, Circuit Judges.
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.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 12-71929