Opinion
No. 10-71324 Agency No. A098-801-333
11-08-2011
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
On Petition for Review of an Order of the
Board of Immigration Appeals
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. 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.