United States v. 2020-12-09 | 19-72644 | LUIS FIGUEROA CHAVEZ V. WILLIAM BARR | nonprecedential | memorandum disposition |

19-72644Court of Appeals for the Ninth CircuitDec 9, 2020

Full text

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LUIS ALBERTO FIGUEROA CHAVEZ,

Petitioner,

v.

WILLIAM P. BARR, Attorney General,

Respondent.

No. 19-72644

Agency No. A044-771-022

MEMORANDUM
*

On Petition for Review of an Order of the
Board of Immigration Appeals

Submitted December 2, 2020
**

Before: WALLACE, CLIFTON, and BRESS, Circuit Judges.

Luis Alberto Figueroa Chavez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
Immigration Judge’s (“IJ”) decision denying his motion to terminate proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review de novo legal questions,
and we review for abuse of discretion the denial of a motion to terminate.

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

DEC 9 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-72644
Dominguez v. Barr, 975 F.3d 725, 734 (9th Cir. 2020). We deny the petition for
review.
This court’s decision in United States v. Rodriguez-Gamboa, 972 F.3d 1148
(9th Cir. 2020), clarifies “as a matter of law, that California’s definition of
methamphetamine is a categorical match to the definition under the federal
[Controlled Substances Act].” Id. at 1154 n.5. Thus, the IJ did not err or abuse
discretion in denying Figueroa Chavez’s motion to terminate based on the
determination that his conviction for possession of methamphetamine for sale
constitutes a controlled substance offense.
PETITION FOR REVIEW DENIED.

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