Angel Sanchez-Vigil v. Merrick Garland


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 27 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANGEL SANCHEZ-VIGIL, AKA Moises No. 16-72702 Quintranar, Agency No. A073-963-023 Petitioner, v. MEMORANDUM* MERRICK B. GARLAND, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 19, 2021** Before: SCHROEDER, SILVERMAN, and MURGUIA, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 16-72702 16-72702 Court of Appeals for the Ninth Circuit ca9 9th Cir. Angel Sanchez-Vigil v. Merrick Garland 27 July 2021 Agency Unpublished e6f3e5897d9d1c6cb7f1b9d7961a881c4b1729a3

Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals