Noli C. Yago 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NOT FOR PUBLICATION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
NOLI C. YAGO,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73362
Agency No. A044-455-456
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.
Noli C. Yago, a native and citizen of the Philippines, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C.
FILED
MAR 25 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73362 2
§ 1252(a)(2)(D). We review de novo questions of law and claims of constitutional
violations. Khan v. Holder, 584 F.3d 773, 776 (9th Cir. 2009). We deny the
petition for review.
The agency correctly determined that Yago’s convictions under the
California Health and Safety Code were controlled substance offenses for which he
is removable under 8 U.S.C. § 1227(a)(2)(B)(i), where the complaint and judgment
of conviction establish that Yago pleaded guilty to three counts involving
methamphetamine. See Cabantac v. Holder, 693 F.3d 825, 827 (9th Cir. 2012)
(where the conviction record specified that a defendant pleaded guilty to a
particular count of the complaint, the court can consider the facts alleged in that
count); Young v. Holder, 697 F.3d 976, 983 (9th Cir. 2012) (en banc) (noting
documents court may consider in modified categorical analysis).
The agency also correctly determined that Yago is ineligible for cancellation
of removal because his accrual of continuous residence terminated upon his
commission of the controlled substance offenses. See 8 U.S.C. § 1229b(a), (d)(1)
(requiring seven years of continuous residence, and deeming residence to end upon
commission of an offense listed at 8 U.S.C. § 1227(a)(2)).

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10-73362 3
Because Yago failed to identify any error in his proceedings before the IJ,
his due process claim is unavailing. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.
2000) (an alien must show error and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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