Papagayo

MEMORANDUM ***

Darlito Papagayo, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order. Reviewing de novo, Fernandez-Ruiz v. Gonzales, 468 F.3d 1159, 1163 (9th Cir.2006), we deny the petition for review.

1. Papagayo’s contention that his firearms offense is not an aggravated felony is foreclosed by United States v. Castillo-Rivera, 244 F.3d 1020, 1023-24 (9th Cir. 2001). Papagayo contends that the aggravated felony definition may be construed one way in the sentencing context and another in the immigration context, citing Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905 (9th Cir.2004). None of the concerns articulated in Cazarez-Gutierrez apply here, however. Cf. Lopez v. Gonzales, — U.S. -, 127 S.Ct. 625 , 166 L.Ed.2d 462 (2006).

2. Papagayo’s conviction for possession for sale of methamphetamine in violation of Cal. Health & Safety Code § 11378 precisely corresponds to a federal felony under the Controlled Substances Act, see 21 U.S.C. § 841 (a)(1), and is therefore an aggravated felony for immigration purposes. See 8 U.S.C. § 1101 (a)(43)(B); Cazarez-Gutierrez, 382…