Zuniga-Diaz

MEMORANDUM **

Lauro Gerardo Zuniga-Diaz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming the removal order of an immigration judge (“IJ”). Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, Rendon v. Mukasey, 520 F.3d 967, 971 (9th Cir.2008), and review for substantial evidence the IJ’s factual findings, Tamang v. Holder, 598 F.3d 1083, 1088 (9th Cir.2010). We deny the petition for review.

The IJ correctly concluded that Zuniga-Diaz’s conviction under California Health & Safety Code § 11378 constitutes a conviction for an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B) that renders him removable and statutorily ineligible for cancellation of removal. See 8 U.S.C. §§ 1227 (a)(2)(B) (removability), 1229b(a)(3) (eligibility for cancellation). A modified-eategorical analysis of the felony complaint, read in conjunction with the abstract of judgment, establishes that Zuni-ga-Diaz was convicted of possession for sale of the federally controlled substance of methamphetamine. See Rendon, 520 F.3d at 976 (“[Pjossession of a controlled substance with the intent to sell contains a…