United States Ninth Circuit
Cabantac v. Holder, 09-71336
A petition for review of an order by the Board of Immigration Appeals (BIA) affirming an order of removal by the Immigration Judge (IJ) is denied where: 1) petitioner's appeal from the BIA's refusal to reopen his case sua sponte is dismissed for lack of jurisdiction to review such a decision, which is a matter committed to agency discretion; and 2) the BIA considered the record as a whole in concluding that petitioner is removable for having been convicted of possession of a controlled substance, and the record is clear that he pleaded guilty to possession of methamphetamine, a controlled substance offense that supports the order of removal.
Appellate Information
- Decided 08/23/2012
- Published 08/23/2012
Judges
Court
- United States Ninth Circuit