Garcia v. Holder , 512 F. App'x 719 ( 2013 )

FILED
NOT FOR PUBLICATION MAR 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RAMON JOSE GARCIA, No. 08-70477
Petitioner, Agency No. A092-826-918
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013 **
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Ramon Jose Garcia, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
*
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).
We review de novo questions of law, Aguiluz-Arellano v. Gonzales, 446 F.3d 980,
983 (9th Cir. 2006), and we deny the petition for review.
The BIA properly found Garcia removable under 8 U.S.C.
§ 1227(a)(2)(B)(i) based on his guilty plea conviction under California Health and
Safety Code § 11377(a) for possession of a controlled substance where the record
of conviction establishes that the controlled substance underlying Garcia’s
conviction was methamphetamine. See Ramirez-Villalpando v. Holder, 645 F.3d
1035, 1040 (9th Cir. 2010) (“We have permitted reliance on an abstract of
judgment in combination with a charging document to establish that the defendant
pled guilty to a generic crime under the modified categorical approach.”).
PETITION FOR REVIEW DENIED.
2 08-70477