NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS FEB 21 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
RODRIGO RIOS-GONZALEZ, No. 16-72266
Petitioner, Agency No. A200-964-064
v.
MEMORANDUM*
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 19, 2019**
Before: FERNANDEZ, SILVERMAN, and WATFORD, Circuit Judges.
Rodrigo Rios-Gonzalez, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ decision dismissing his appeal from
an immigration judge’s (“IJ”) order denying cancellation of removal. We have
jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. Cabantac
*
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).
v. Holder, 736 F.3d 787, 792 (9th Cir. 2013). We deny the petition for review.
The agency correctly determined Rios-Gonzalez’s conviction for possession
for sale of a controlled substance, specifically cocaine salt, under California Health
and Safety Code (“CHSC”) § 11351 is an aggravated felony. See Lopez v.
Sessions, 901 F.3d 1071, 1075 (9th Cir. 2018) (using the modified categorical
approach, court determined that a record of conviction reflecting a plea to CHSC
§ 11351 involving cocaine salt showed the alien had been convicted of an
aggravated felony). As a result, he is ineligible for cancellation of removal. See
8 U.S.C. § 1229b(b)(1)(C).
Rios-Gonzalez’s contention that he would be eligible for Federal First
Offender Act status is not persuasive, where he was convicted for possession for
sale of a controlled substance, and where the record does not indicate his petition
to have his conviction dismissed was ultimately granted. See Lopez, 901 F.3d at
1075-76 (Federal First Offender exception did not apply to conviction under CHSC
§ 11351). We are also not persuaded by Rios-Gonzalez’s contention that CHSC
§ 11351 punishes conduct not publishable by the federal equivalent.
Rios-Gonzalez’s contention that the IJ erred in denying relief without
securing the record of conviction is not supported, where the record of conviction
is in the administrative record.
PETITION FOR REVIEW DENIED.
2 16-72266