Alberto Reyes v. Eric Holder, Jr. , 474 F. App'x 698 ( 2012 )

FILED
NOT FOR PUBLICATION JUL 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBERTO ANTONIO REYES, No. 11-72327
Petitioner, Agency No. A092-293-926
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 17, 2012 **
Before: SCHROEDER, THOMAS, and SILVERMAN, Circuit Judges.
Alberto Antonio Reyes, a native and citizen of Panama, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8
U.S.C. § 1252. We review de novo questions of law. Ramirez-Villalpando v.
*
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).
Holder, 645 F.3d 1035, 1038 (9th Cir. 2011). We deny in part and dismiss in part
the petition for review.
The BIA correctly determined that Reyes’ conviction under California
Health and Safety Code § 11378 constituted an aggravated felony which rendered
him statutorily ineligible for cancellation of removal. See 8 U.S.C.
§§ 1101(a)(43)(B); 1229b(a)(3); United States v. Strickland, 601 F.3d 963, 968-69
(9th Cir. 2010) (en banc).
Reyes’ contention that the IJ abused her discretion in denying a continuance
is moot because his motion to vacate his criminal conviction was denied. See
Pedroza-Padilla v. Gonzales, 486 F.3d 1362, 1364 n.2 (9th Cir. 2007).
We lack jurisdiction to review the agency’s denial of voluntary departure. 8
U.S.C. § 1252(a)(2)(B)(i).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 11-72327