Luis Figueroa Chavez v. William Barr ( 2020 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 9 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ALBERTO FIGUEROA CHAVEZ, No. 19-72644
Petitioner, Agency No. A044-771-022
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 2, 2020**
Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.
Luis Alberto Figueroa Chavez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
Immigration Judge’s (“IJ”) decision denying his motion to terminate proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo legal questions,
and we review for abuse of discretion the denial of a motion to terminate.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020). We deny the petition for
review.
This court’s decision in United States v. Rodriguez-Gamboa, 972 F.3d 1148(9th Cir. 2020), clarifies “as a matter of law, that California’s definition of
methamphetamine is a categorical match to the definition under the federal
[Controlled Substances Act].” Id. at 1154 n.5. Thus, the IJ did not err or abuse
discretion in denying Figueroa Chavez’s motion to terminate based on the
determination that his conviction for possession of methamphetamine for sale
constitutes a controlled substance offense.
PETITION FOR REVIEW DENIED.
2 19-72644