Veliz-Valdez

MEMORANDUM **

Doni Estuardo Veliz-Valdez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo, Molinar-Estrada v. INS, 293 F.3d 1089, 1093 (9th Cir.2002), and deny the petition for review.

The BIA correctly concluded that VelizValdez was ineligible for cancellation of removal as a result of his conviction for possession for sale of a controlled substance. See 8 U.S.C. § 1101 (a)(43)(B) (defining illicit trafficking in a controlled substance as an aggravated felony); 8 U.S.C. § 1229b(a)(3) (providing that the attorney general may cancel the removal of a permanent resident who has not been convicted of an aggravated felony). The later expungement of Veliz-Valdez’s conviction pursuant to California Penal Code § 1203.4 did not render him eligible for cancellation of removal. See Ramirez-Castro v. INS, 287 F.3d 1172, 1175 (9th Cir.2002) (state conviction expunged under California Penal Code § 1203.4 remains a conviction for purposes of federal law).

Veliz-Valdez’s due process claim fails…