Torres-Garcia

Torres-Garcia v. Holder

Good Law
360 F. App'x 929
United States Court of Appeals for the Ninth CircuitDecember 30, 2009Nos. 06-71447, 07-72629California367 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated petitions for review, Jose Santos Torres-Garcia, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s (“IJ”) order of removal and denying his subsequent motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003). We review for abuse of discretion the denial of a motion to reopen. Cano-Merida v. INS, 311 F.3d 960, 964 (9th Cir.2002). In 06-71447, we deny the petition for review. In 07-72629, we deny in part and dismiss in part the petition for review.

Torres-Garcia’s conviction for violating Cal. Health & Safety Code § 11379 (a) is an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B) because the record of conviction establishes that he was convicted of selling methamphetamine. Cf. Sandoval-Lua v. Gonzales, 499 F.3d 1121, 1128 (9th Cir.2007). In addition, Torres-Garcia’s former counsel conceded before the IJ that his conviction for violating Cal. Health & Safety Code § 11378 is an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B).

The…

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