Anthony Eliseo v. Eric Holder, Jr. , 471 F. App'x 633 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 07 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANTHONY LUNA ELISEO, No. 10-71233
Petitioner, Agency No. A075-475-581
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 5, 2012 **
Pasadena, California
Before: PREGERSON, GOULD, and TALLMAN, Circuit Judges.
Anthony Luna Eliseo (“Eliseo”), a native and citizen of the Philippines, and
a legal permanent resident of the United States, petitions for review of the Board of
*
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).
Immigration Appeals’ (“BIA”) order finding removability. We have jurisdiction
under 8 U.S.C. § 1252, and we deny the petition.
Eliseo’s conviction for violating California Health and Safety Code § 11378
is an aggravated felony under 8 U.S.C. § 1101(a)(43)(B); see Cazarez-Gutierrez v.
Ashcroft, 382 F.3d 905, 919 (9th Cir. 2004) (a state drug offense is an aggravated
felony for immigration purposes if it contains a trafficking element). Contrary to
Eliseo’s contention, the record of conviction namely the admission to the charges
alleged by the Department of Homeland Security established that Eliseo was
convicted of § 11378, possession for sale of a controlled substance, to wit
methamphetamine. See Pagayon v. Holder, Nos.07-74047, 07-75129, 2011 WL
6091276, *4 (9th Cir. Dec. 8, 2011) (holding that “an alien’s concession of
removability or admission of facts establishing removability, if accepted by the IJ
completely relieves the government of the burden of producing evidence ”).
Accordingly, we deny the petition for review.
PETITION FOR REVIEW DENIED.
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