Alejandro Higinio VALDIVIEZO-AGUILAR, aka Alex Higinio Valdiviezo-Aguilar, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 400 F. App'x 220

MEMORANDUM Alejandro Higinio Valdiviezo-Aguilar petitions for review of the decision of the Board of Immigration Appeals (BIA), which affirmed the Immigration Judge’s (IJ’

s) conclusion that he is removable under INA § 212(a)(2)(A)(i)(II) as an alien convicted of committing an offense “relating to a controlled substance.” The IJ also determined that Valdiviezo-Aguilar is removable under INA § 212(a)(7)(A)(i)(

I) as an alien present in the United States and not in possession of any valid entry document. Valvidezo-Aguilar did not contest that basis for finding removability before the BIA; nor does he challenge it in his petition for review before us. Because Valdiviezo-Aguilar is removable in any event under INA § 212(a)(7)(A)(i)(I), we would be unable to provide any effective relief even if we were to decide the merits of his § 212(a)(2)(A)(i)(II) claim in his favor. Accordingly, Valdiviezo-Aguilar’s petition for review is moot, and must be dismissed. See Equal Employment Opportunity Comm’n v. Fed.

Express Corp., 558 F.3d 842, 846-47 (9th Cir.2009) (quoting Pub. Util. Comm’n v. FERC, 100 F.3d 1451, 1458 (9th Cir.1996)). DISMISSED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.