Ricardo Casas-Milian, a.k.a. Ricardo Milian Casas, a.k.a. Ricardo Millian v. ERIC H. HOLDER, Jr., Attorney General

10-72696Court of Appeals for the Ninth Circuit05.07.2012

Gesamter Gesetzestext

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NOT FOR PUBLICATION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
RICARDO CASAS-MILIAN, a.k.a.
Ricardo Milian Casas, a.k.a. Ricardo
Millian,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-72696
Agency No. A024-947-979
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 26, 2012**
Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.
Ricardo Casas-Milian, 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
JUL 05 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-72696 2
We review de novo questions of law, Ramirez-Villalpando v. Holder, 645 F.3d
1035, 1038 (9th Cir. 2011), and we deny the petition for review.
The BIA correctly concluded that Casas-Milian is removable under 8 U.S.C.
§ 1227(a)(2)(A)(iii) and (B)(i) as a result of his conviction under California Health
and Safety Code § 11378. Contrary to Casas-Milian’s contention, the charging
document and abstract of judgment submitted by the government are sufficient to
establish that his offense involved methamphetamine, a substance controlled under
federal law. See id. at 1041 (using an abstract of judgment in combination with a
charging document to establish that a conviction was for a removable offense); see
also Pagayon v. Holder, 675 F.3d 1182, 1189 (9th Cir. 2011) (stating that
methamphetamine is a federally-controlled substance).
PETITION FOR REVIEW DENIED.

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