J. Melgoza-Sanchez v. Eric Holder, Jr.

Good Law
479 F. App'x 96
United States Court of Appeals for the Ninth CircuitJuly 25, 201210-72160California294 words

Opinion

Opinion

MEMORANDUM

J. Jesus Melgoza-Sanchez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. We dismiss the petition for review.

We lack jurisdiction to review the order of removal against Melgoza-Sanchez because his December 23, 2005, conviction under California Health and Safety Code § 11377(a) renders him removable under 8 U.S.C. § 1227 (a)(2)(B)®. See 8 U.S.C. § 1252 (a)(2)(C); Pagayon v. Holder, 675 F.3d 1182, 1189-90 (9th Cir.2011) (petitioner’s “pleading stage” admission that his conviction involved methamphetamine is sufficient to establish his removability).

We lack jurisdiction to consider Melgo-za-Sanchez’s challenge to the denial of his application for cancellation of removal in the exercise of discretion. See Bermudez v. Holder, 586 F.3d 1167, 1169 (9th Cir.2009) (per curiam). Melgoza-Sanchez’s contention that the agency abused its discretion in weighing his equities is not a colorable constitutional claim or question of law sufficient to restore the court’s jurisdiction. See Bazua-Cota v. Gonzales, 466 F.3d 747, 749 (9th Cir.2006) (per cu-riam)…

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