Victor Sillas-Iribe v. Loretta E. Lynch

FILED NOT FOR PUBLICATION JAN 27 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT VICTOR NOEL SILLAS-IRIBE, AKA No. 14-72715 Lerma Victor Urias, Agency No. A205-714-613 Petitioner, v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 20, 2016** Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges. Victor Noel Sillas-Iribe, 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 under 8 U.S.C. * 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). § 1252. We review de novo questions of law, Vilchez v. Holder, 682 F.3d 1195, 1198 (9th Cir. 2012), and we deny the petition for review. The BIA correctly concluded that Sillas-Iribe’s conviction under California Health & Safety Code § 11350(a) is for a crime “relating to a controlled substance,” rendering him removable under 8 U.S.C. § 1182(a)(2)(A)(i)(II), where the plea agreement refers to “Count 1: 11350(a)” and count 1 of the felony complaint specifies cocaine. See 21 U.S.C. § 812(c), sched. II(a)(4); Coronado v. Holder, 759 F.3d 977, 986 (9th Cir. 2014) (“Where the minute order or other equally reliable document specifies that a defendant pleaded guilty to a particular count of a criminal complaint, the court may consider the facts alleged in the complaint.”); United States v. Torre-Jimenez, 771 F.3d 1163, 1168-69 (9th Cir. 2014) (“the phrase ‘as charged in the Information (or Indictment)’ is not required where the documents are unambiguous”). PETITION FOR REVIEW DENIED. 2 14-72715