Jociel Pedroza-Macias v. Eric Holder, Jr.

459 F. App'x 589

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 8, 2011
• Docket: 10-71324
• Status: Unpublished

Opinion

MEMORANDUM **

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. 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.

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