Jociel Pedroza-Macias v. Eric Holder, Jr. , 459 F. App'x 589 ( 2011 )

FILED
NOT FOR PUBLICATION NOV 08 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOCIEL PEDROZA PEDROZA- No. 10-71324
MACIAS,
Agency No. A098-801-333
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 8, 2011 **
Before: O’SCANNLAIN, TASHIMA, and GRABER, Circuit Judges.
Jociel Pedroza Pedroza-Macias, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ 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, Salviejo-Fernandez v. Gonzales, 455 F.3d
1063, 1066 (9th Cir. 2006), and we deny the petition for review.
Pedroza-Macias’ 2008 conviction for violating California Health & Safety
Code § 11359 is an aggravated felony under 8 U.S.C. § 1101(a)(43)(B) that
renders him removable under 8 U.S.C. § 1227(a)(2)(A)(iii), and ineligible for
cancellation of removal under 8 U.S.C. § 1229b(a)(3). See id. at 1066 (“A state
drug offense is an ‘aggravated felony’ for immigration purposes . . . if it would be
punishable as a felony under federal drug laws.”).
PETITION FOR REVIEW DENIED.
2 10-71324