Ramon Jose Garcia v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RAMON JOSE GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-70477
Agency No. A092-826-918
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 12, 2013**
Before: PREGERSON, REINHARDT, and W. FLETCHER, Circuit Judges.
Ramon Jose Garcia, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction under 8 U.S.C. § 1252.
FILED
MAR 21 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-70477 2
We review de novo questions of law, Aguiluz-Arellano v. Gonzales, 446 F.3d 980,
983 (9th Cir. 2006), and we deny the petition for review.
The BIA properly found Garcia removable under 8 U.S.C.
§ 1227(a)(2)(B)(i) based on his guilty plea conviction under California Health and
Safety Code § 11377(a) for possession of a controlled substance where the record
of conviction establishes that the controlled substance underlying Garcia’s
conviction was methamphetamine. See Ramirez-Villalpando v. Holder, 645 F.3d
1035, 1040 (9th Cir. 2010) (“We have permitted reliance on an abstract of
judgment in combination with a charging document to establish that the defendant
pled guilty to a generic crime under the modified categorical approach.”).
PETITION FOR REVIEW DENIED.

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