Adrian Sosa v. Loretta E. Lynch

MEMORANDUM

Adrian Montero Sosa, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s order of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo question of law, Nunez-Reyes v. Holder, 646 F.3d 684, 688 (9th Cir.2011) (en banc), and we deny the petition for review.

The BIA correctly determined that Montero Sosa’s conviction under California Health & Safety Code § 11550 constitutes a violation of a law “relating to a controlled substance” that renders him ineligible for adjustment of status, where the complaint read in conjunction with the minute order is sufficient to establish that Montero Sosa pleaded guilty to a violation of § 11550 involving phencyclidine. See 8 U.S.C. §§ 1182 (a)(2)(A)(i)(II), 1255(a)(2); United States v. Torre-Jimenez, 771 F.3d 1163, 1168 (9th Cir.2014) (where minute order specifies defendant pleaded guilty to specific count in complaint, court may consider facts alleged in complaint). The BIA did not err in rejecting Montero Sosa’s contention that his difficulty in obtaining possible additional conviction documents renders the…