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Ricardo CASAS-MILIAN, a.k.a. Ricardo Milian Casas, a.k.a. Ricardo Millian, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2012-07-05No. No. 10-72696
474 F. App'x 551

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Opinion

majority opinion

MEMORANDUM

Ricardo Casas-Milian, 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 removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Ramirez-Villalpando v. Holder, 645 F.3d 1035, 1038 (9th Cir.2011), and we deny the petition for review.

The BIA correctly concluded that Ca-sas-Milian is removable under 8 U.S.C. § 1227(a)(2)(A)(iii) and (B)(i) as a result of his conviction under California Health and Safety Code § 11378. Contrary to Casas-Milian’s contention, the charging document and abstract of judgment submitted by the government are sufficient to establish that his offense involved methamphetamine, a substance controlled under federal law. See id. at 1041 (using an abstract of judgment in combination with a charging document to establish that a conviction was for a removable offense); see also Pagayon v. Holder, 675 F.3d 1182, 1189 (9th Cir.2011) (stating that methamphetamine is a federally-controlled substance).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.