Opinion
No. 10-72696 Agency No. A024-947-979
07-05-2012
NOT FOR PUBLICATION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
Submitted June 26, 2012
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
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Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Ricardo Casas-Milian, 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. § 1252. We review de novo questions of law, Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1038 (9th Cir. 2011), and we deny the petition for review.
The BIA correctly concluded that Casas-Milian is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) and (B)(i) as a result of his conviction under California Health and Safety Code § 11378. Contrary to Casas-Milian's contention, the charging document and abstract of judgment submitted by the government are sufficient to establish that his offense involved methamphetamine, a substance controlled under federal law. See id. at 1041 (using an abstract of judgment in combination with a charging document to establish that a conviction was for a removable offense); see also Pagayon v. Holder, 675 F.3d 1182, 1189 (9th Cir. 2011) (stating that methamphetamine is a federally-controlled substance).
PETITION FOR REVIEW DENIED.