Luis Angel Lopez Gomez v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ANGEL LOPEZ GOMEZ,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-73181
Agency No. A092-081-887
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Luis Angel Lopez Gomez, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ decision dismissing his appeal from
an immigration judge’s (“IJ”) removal order denying cancellation of removal. We
have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law.
* 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
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 16-73181
Cabantac v. Holder, 736 F.3d 787, 792 (9th Cir. 2013). We deny the petition for
review.
The agency correctly concluded that Lopez Gomez is removable and
ineligible for cancellation of removal due to his conviction for an aggravated
felony, where the minute order read in conjunction with the complaint shows his
conviction for possession for sale of a controlled substance under California Health
and Safety Code § 11351 involved cocaine. See 8 U.S.C. §§ 1101(a)(43)(B),
1227(a)(2)(A)(iii), 1229b(a)(3); Cabantac, 736 F.3d at 793-94 (“[W]here, as here,
the . . . minute order specifies that a defendant pleaded guilty to a particular count
of the criminal complaint or indictment, we can consider the facts alleged in that
count.”); United States v. Torre-Jimenez, 771 F.3d 1163, 1169 (9th Cir. 2014) (the
phrase “as charged in the Information (or Indictment)” is not necessary where the
documents are unambiguous; finding that an abstract of judgment that stated
defendant was convicted of count 1, and count 1 on the complaint specified the
substance involved was cocaine, was sufficient to establish the substance
involved).
PETITION FOR REVIEW DENIED.

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