United States Ninth Circuit

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. In the amended opinion, a statement was added that the amended abstract was not properly before the court because it was not part of the administrative record on which the removal order was based. (Amended opinion)

Appellate Information

• Decided 08/09/2013
• Published 08/09/2013

Judges

• PER CURIAM

Court

• United States Ninth Circuit

Counsel