FILED
NOT FOR PUBLICATION DEC 21 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROMALDO GARCIA-GARCIA, No. 12-70179
Petitioner, Agency No. A200-243-030
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012 **
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Romaldo Garcia-Garcia, a native and citizen of Mexico, petitions pro se 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.
*
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).
Reviewing de novo questions of law, Cabantac v. Holder, 693 F.3d 825, 826
(9th Cir. 2012) (per curiam), we deny the petition for review.
The agency correctly concluded that Garcia-Garcia was statutorily ineligible
for cancellation of removal due to his conviction for possession of a controlled
substance in violation of section 11377(a) of the California Health and Safety
Code, see Esquivel-Garcia v. Holder, 593 F.3d 1025, 1028 (9th Cir. 2010)
(observing that a conviction for a controlled-substance violation renders an alien
statutorily ineligible for cancellation of removal), because a modified categorical
analysis of the criminal complaint, read in conjunction with the transcript of his
plea hearing, establishes that Garcia-Garcia’s conviction relates to the federally
controlled substance of methamphetamine, see Cabantac, 693 F.3d at 826
(concluding that a petitioner had suffered a conviction for a controlled-substance
violation where judicially noticeable documents indicated that he had pled guilty to
possession of methamphetamine).
PETITION FOR REVIEW DENIED.
2 12-70179