Angeles-Martinez v. Holder , 381 F. App'x 682 ( 2010 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 02 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
PORFIRIO ANGELES-MARTINEZ, No. 07-74732
a.k.a. Porfirio Angelas-Martinez,
Agency No. A020-566-679
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Porfirio Angeles-Martinez, a native and citizen of Mexico, petitions 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.
*
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).
We review de novo questions of law, Husyev v. Mukasey, 528 F.3d 1172, 1177
(9th Cir. 2008), and we deny the petition for review.
The record establishes that Angeles-Martinez was convicted of possession of
marijuana for sale in violation of California Health & Safety Code § 11359. See 8
U.S.C. §§ 1101(a)(48)(A), 1229a(c)(3)(B)(v). The agency therefore properly
concluded that Angeles-Martinez is inadmissable under 8 U.S.C.
§ 1182(a)(2)(A)(i)(II) and ineligible for a waiver of inadmissibility under section
212(h) of the Immigration and Nationality Act or cancellation of removal. See 8
U.S.C. §§ 1182(h), 1229b(b)(1)(C).
As this conclusion is dispositive, we do not address Angeles-Martinez’s
remaining contentions.
PETITION FOR REVIEW DENIED.
2 07-74732