Pineda

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT MAY 01 2012

MOLLY C. DWYER, CLERK

U .S. C O U R T OF APPE ALS

FERNANDO ROMERO PINEDA, aka Nos. 06-75006 and 07-71663 Fernando Romero, Agency No. A090-100-366 Petitioner,

v. MEMORANDUM *

ERIC H. HOLDER Jr., Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals

Argued and Submitted December 7, 2010 San Francisco, California

Submission Vacated December 16, 2010

Resubmitted May 1, 2012

Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges.

Fernando Romero-Pineda (“Pineda”), a lawful permanent resident, challenges

a 2006 Board of Immigration Appeals (“BIA”) order finding him removable as an

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. aggravated felon and for conviction of a controlled substance violation (Petition No.

06-75006). He also challenges the BIA’s 2007 denial of his motion to reopen to

adjust status (Petition No. 07-71663).

Pineda argues that the…