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Porfirio ANGELES-MARTINEZ, a.k.a. Porfirio Angelas-Martinez, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent

United States Court of Appeals for the Ninth Circuit2010-06-02No. No. 07-74732
381 F. App'x 682

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Opinion

majority opinion

MEMORANDUM

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. 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)(l)(C).

As this conclusion is dispositive, we do not address Angeles-Martinez’s remaining contentions.

PETITION FOR REVIEW DENIED.

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