Daniel Nerio Rodriguez v. Loretta E. Lynch

MEMORANDUM

Daniel Victor Nerio Rodriguez, a native and citizen of El Salvador, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, and review de novo questions of law. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

We grant Nerio Rodriguez’s motion for leave to file a supplemental brief.

Nerio Rodriguez does not contest that he has three convictions under California Health and Safety Code § 11550(a) for being under the influence of methamphetamine and amphetamines, and the BIA correctly concluded that Nerio Rodriguez is removable due to his controlled substance convictions. See 8 U.S.C. § 1227 (a)(2)(B)©; 21 U.S.C. § 812 ; see also Coronado v. Holder, 759 F.3d 977, 983-85 (9th Cir.2014).

The BIA did not err in denying Nerio Rodriguez’s due process claim, where he received ample time to obtain an attorney, had a full and fair hearing, and has not shown prejudice from the alleged due process…