Salvador Magana v. Eric H. Holder Jr.

MEMORANDUM

Salvador Ruiz Magana, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order sustaining the government’s appeal from an immigration judge’s (“IJ”) grant of cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, and for substantial evidence the agency’s findings of fact. Brezilien v. Holder, 569 F.3d 403, 411 (9th Cir.2009). We deny in part, and dismiss in par t, the petition for review.

Magana’s contention that his conviction for violation of California Health & Safety Code § 11360(a) is not categorically a controlled substance offense under 8 U.S.C. § 1227 (a)(2)(B)(i) is foreclosed by our decision in Mielewczyk v. Holder, 575 F.3d 992, 997 (9th Cir.2009) (“[0]ur statement that ‘solicitation is not a [removable] offense under [ 8 U.S.C. § 1227 (a)(2)(B)(i) ],’ applied only to violations of generic solicitation laws.”) (citing Coronado-Durazo v. INS, 123 F.3d 1322, 1326 (9th Cir.1997)).

Contrary to Magana’s contentions, the BIA did not engage in improper fact-finding under 8 C.F.R. § 1003.1 (d)(3)(iv), or violate the standard of review that governs review of the…