Romelius Ramiro v. Eric Holder, Jr.

MEMORANDUM

Romelius A. Ramiro, 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. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and claims of due process violations. Pagayon v. Holder, 675 F.3d 1182, 1189, 1191 (9th Cir.2011) (per curiam). We deny the petition for review.

Ramiro does not dispute that he was convicted of distributing methamphetamine in violation of 21 U.S.C. §§ 860 (a), 841(a)(1), 841(b)(1)(C), and 18 U.S.C. § 2 , and has not established that this conviction is invalid or not final for immigration purposes. See Planes v. Holder, 652 F.3d 991, 996 (9th Cir.2011) (a conviction is final for immigration purposes where a judgment of guilt has been entered and a punishment imposed, even where a direct appeal or collateral attack is pending). Accordingly, the agency properly determined that he is removable under 8 U.S.C. § 1227 (a)(2)(A)(iii) (aggravated felony based on illicit trafficking in a controlled substance) and 8 U.S.C. § 1227 (a)(2)(B)® (controlled substance violation).

It follows that the agency did not…