Santiago Robles-Gaytan v. Eric Holder, Jr.

MEMORANDUM

Santiago Robles-Gaytan, a native and citizen of Mexico, petitions for review of an order by the Board of. Immigration Appeals (“BIA”) summarily affirming an order of removal by the Immigration Judge (“IJ”). The IJ found him removable for having been convicted of possession of a controlled substance, methamphetamine, for purposes of sale in violation of California Health & Safety Code § 11378. See 8 U.S.C. § 1227 (a)(2)(B)®; 21 U.S.C. § 802 .

We review de novo the legal question whether Robles-Gaytan was convicted of possession of a controlled substance. Kwong v. Holder, 671 F.3d 872, 876 (9th Cir.2011).

The minute order and information together show that Robles-Gaytan pleaded nolo contendere to possessing methamphetamine, a controlled substance covered by 21 U.S.C. § 802 , for the following reasons. First, the minute order reflects that he pleaded nolo contendere to count one of the information, for violating California Health & Safety Code § 11378 and Penal Code § 1203.073(b)(2), the latter of which specifically addresses possession of methamphetamine. Second, count one of the information specifies that the drug involved was methamphetamine. Finally, the minute…