Leopoldo Bajala v. ERIC H. HOLDER Jr., Attorney General

06-71049Court of Appeals for the Ninth Circuit7 dic 2009

Testo completo

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
JTK/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LEOPOLDO BAJALA,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-71049
Agency No. A038-461-235
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Leopoldo Bajala, a native and citizen of the Philippines, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C.
FILED
DEC 07 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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JTK/Research 06-71049 2
§ 1252. We review de novo questions of law, Altamirano v. Gonzales, 427 F.3d
586, 591 (9th Cir. 2005), and we deny the petition for review.
Bajala’s contention that his conviction under California Health & Safety
Code § 11358 is not an aggravated felony is foreclosed by United States v.
Reveles-Espinoza, 522 F.3d 1044, 1047 (9th Cir. 2008) (per curiam). Accordingly,
the agency properly concluded that Bajala was not eligible for cancellation of
removal. See 8 U.S.C. § 1229b(a)(3).
PETITION FOR REVIEW DENIED.

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