Zavala

Zavala v. Ashcroft

Good Law
84 F. App'x 833
United States Court of Appeals for the Ninth CircuitDecember 18, 2003No. 02-72652California206 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Bedolla Zavala, a native and citizen of Mexico, petitions for review of a Board of Immigration Appeals’ decision summarily dismissing his appeal from an Immigration Judge’s decision finding him removable due to his guilty plea conviction on one count of possession of a controlled substance, methamphetamine, in violation of Cal. Health & Safety Code § 11377 (a). Our jurisdiction over Zavala’s petition for review is governed by 8 U.S.C. § 1252 (a)(2)(C), which states that “no court shall have jurisdiction to review any final order of removal against an alien who is removable by reason of having committed a criminal offense covered in 8 U.S.C. 1227(a)(2)(A)(iii), (B),(C), or (D).” Because Zavala was convicted of an offense covered by 8 U.S.C. § 1227 (a)(2)(B)(i), we lack jurisdiction over his petition for review. See Cruz-Aguilera v. INS, 245 F.Sd 1070, 1073 (9th Cir.2001) (indicating that a conviction under Cal. Health & Safety Code § 11377 (a) for possession of methamphetamine qualifies as a controlled substance offense).

All pending motions are denied as moot.

PETITION FOR REVIEW DISMISSED.

This disposition is not appropriate for publication and may not be…

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