Acosta-Astorga v. Mukasey , 284 F. App'x 385 ( 2008 )

MEMORANDUM ^**

Francisco Acosta-Astorga, 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 pursuant to 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 deny the petition for review.

We agree with the BIA’s determination that Acosta-Astorga is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) because the record establishes he was convicted of two counts of possession with intent to distribute a controlled substance, in violation of 21 U.S.C. § 841(a)(1). See Olivera-Garcia v. INS, 328 F.3d 1083, 1087 (9th Cir.2003) (conviction under 21 U.S.C. § 841(a)(1) is a removable offense because it is an aggravated felony drug trafficking crime). As Acosta-Astorga was convicted of a substantive drug trafficking offense covered by 21 U.S.C. § 841(a)(1), we need not reach his contention that he is not removable as an aider and abettor. Cf. id. (distinguishing accessory after the fact convictions from violations of 21 U.S.C. § 841(a)(1)); see also Gonzales v. Duenas-Alvarez, 549 U.S. 183, 127 S.Ct. 815, 166 L.Ed.2d 683 (2007).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.