Marion Scholz v. Eric Holder, Jr.

MEMORANDUM

Petitioner Marion Scholz petitions for review of the Board of Immigration Appeals’ final order affirming the Immigration Judge’s decision to deny her motion to terminate removal proceedings. As a result of Scholz’s conviction for misdemeanor possession of methamphetamine in violation of California Health and Safety Code § 11377(a), the Department of Homeland Security issued a Notice to Appear and charged Scholz with being removable under Section 237(a)(2)(B)(i) of the Immigration Naturalization Act. 8 U.S.C. § 1227 (a)(2)(B)(i). She argues that the evidence introduced by the government — a criminal complaint and court docket sheet — was inadmissible and insufficient to establish removability. We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D), and we deny the petition for review.

In United States v. Snellenberger, this court held that a California court clerk’s minute order was as equally reliable as the documents listed in Shepard v. United States, 544 U.S. 13 , 125 S.Ct. 1254 , 161 L.Ed.2d 205 (2005), and thus could be used to prove the “nature” of a conviction in applying the modified categorical approach. 548 F.3d 699, 701-02 (9th Cir. 2008) (en banc), abrogated…