Pineda

MEMORANDUM *

Fernando Romero-Pineda (“Pineda”), a lawful permanent resident, challenges a 2006 Board of Immigration Appeals (“BIA”) order finding him removable as an 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 BIA erred in concluding that his 1995 conviction for sale of methamphetamine constituted an aggravated felony. However, the case on which he relies, United States v. Snellenberger, 493 F.3d 1015 (9th Cir.2007), was withdrawn and overruled en banc subsequent to the filing of his brief, United States v. Snellenberger, 548 F.3d 699 (9th Cir.2008) (en banc). Here, the charging papers indicate Pineda was charged with selling methamphetamine and the abstract of judgment indicates he pled guilty to “sell cntrl sub/meth.” “We have permitted reliance on an abstract of judgment in combination with a charging document to establish that the defendant pled guilty to a generic crime under the modified categorical approach.” Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1040 (9th Cir.2011), cert. denied, —…