SANCHEZ VIGIL v. GARLAND (2021)

MEMORANDUM **

Angel Sanchez-Vigil, 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 decision denying his application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law. See Madrigal-Barcenas v. Lynch, 797 F.3d 643, 643-45 (9th Cir. 2015). We deny the petition for review.

The BIA did not err in concluding that Sanchez-Vigil's conviction under California Health & Safety Code § 11550(a) is a controlled substance violation that renders him ineligible for adjustment of status. See 8 U.S.C. §§ 1182(a)(2)(A)(i)(II), 1255(i)(2)(A); Tejeda v. Barr, 960 F.3d 1184, 1186 (9th Cir. 2020) (holding California Health & Safety Code § 11550(a) is divisible, and using a plea agreement and charging document to establish the elements of conviction); Lopez v. Sessions, 901 F.3d 1071, 1075 (9th Cir. 2018) (Federal First Offender Act treatment is limited to simple possession of a controlled substance offenses).

In light of this disposition, we decline to reach Sanchez-Vigil's contentions regarding his visa petition. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004) (the courts are not required to decide issues that are unnecessary to the results).

The temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.