ANGEL SANCHEZ-VIGIL, AKA Moises Quintranar v. MERRICK B. GARLAND, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANGEL SANCHEZ-VIGIL, AKA Moises
Quintranar,
Petitioner,
v.
MERRICK B. GARLAND, Attorney
General,
Respondent.
No. 16-72702
Agency No. A073-963-023
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 19, 2021**
Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges.
Angel Sanchez-Vigil, 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 decision denying his application for adjustment of status. We
have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. See
* 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
JUL 27 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 16-72702
Madrigal-Barcenas v. Lynch, 797 F.3d 643, 643-45 (9th Cir. 2015). We deny the
petition for review.
The BIA did not err in concluding that Sanchez-Vigil’s conviction under
California Health & Safety Code § 11550(a) is a controlled substance violation that
renders him ineligible for adjustment of status. See 8 U.S.C.
§§ 1182(a)(2)(A)(i)(II), 1255(i)(2)(A); Tejeda v. Barr, 960 F.3d 1184, 1186 (9th
Cir. 2020) (holding California Health & Safety Code § 11550(a) is divisible, and
using a plea agreement and charging document to establish the elements of
conviction); Lopez v. Sessions, 901 F.3d 1071, 1075 (9th Cir. 2018) (Federal First
Offender Act treatment is limited to simple possession of a controlled substance
offenses).
In light of this disposition, we decline to reach Sanchez-Vigil’s contentions
regarding his visa petition. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir.
2004) (the courts are not required to decide issues that are unnecessary to the
results).
The temporary stay of removal remains in place until issuance of the
mandate.
PETITION FOR REVIEW DENIED.

-- 2 of 2 --