Romaldo Garcia-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NOT FOR PUBLICATION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
ROMALDO GARCIA-GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-70179
Agency No. A200-243-030
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 19, 2012**
Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.
Romaldo Garcia-Garcia, a native and citizen of Mexico, petitions pro se 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.
FILED
DEC 21 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-70179 2
Reviewing de novo questions of law, Cabantac v. Holder, 693 F.3d 825, 826
(9th Cir. 2012) (per curiam), we deny the petition for review.
The agency correctly concluded that Garcia-Garcia was statutorily ineligible
for cancellation of removal due to his conviction for possession of a controlled
substance in violation of section 11377(a) of the California Health and Safety
Code, see Esquivel-Garcia v. Holder, 593 F.3d 1025, 1028 (9th Cir. 2010)
(observing that a conviction for a controlled-substance violation renders an alien
statutorily ineligible for cancellation of removal), because a modified categorical
analysis of the criminal complaint, read in conjunction with the transcript of his
plea hearing, establishes that Garcia-Garcia’s conviction relates to the federally
controlled substance of methamphetamine, see Cabantac, 693 F.3d at 826
(concluding that a petitioner had suffered a conviction for a controlled-substance
violation where judicially noticeable documents indicated that he had pled guilty to
possession of methamphetamine).
PETITION FOR REVIEW DENIED.

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