Jose Becerra v. Eric Holder, Jr.

MEMORANDUM

Jose Lomeli Becerra, 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. Coronado v. Holder, 759 F.3d 977, 982 (9th Cir.2014). We deny the petition for review.

Under the modified categorical, approach, the abstract of judgment and the felony complaint, considered together, establish by clear and convincing evidence that Lomeli Becerra pleaded guilty to possession for sale and purchase for sale of cocaine under California Health & Safety Code § 11351. See id. at 984-86; Cabantac v. Holder, 736 F.3d 787, 793-94 (9th Cir.2013) (per curiam) (“[Where] the abstract of judgment or minute order specifies that a defendant pleaded guilty to a particular count of the criminal complaint or indictment, we can consider the facts alleged in that count.”). Accordingly, the agency properly concluded that Lomeli Be-cerra is removable for having committed an offense “relating to a controlled substance.” 8 U.S.C. § 1227 (a)(2)(B)(i).

This dismissal is without prejudice to petitioner’s seeking…