Martha Garcia-Merced v. Eric Holder, Jr.

MEMORANDUM

Martha Garcia-Merced, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to remand and dismissing her appeal from an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law. Roman-Suaste v. Holder, 766 F.3d 1035, 1038 (9th Cir.2014). We deny in part and dismiss in part the petition for review.

Because Garcia-Merced is removable under 8 U.S.C. § 1227 (a)(2)(B)© based on her conviction for an offense relating to a controlled substance, our jurisdiction is limited to colorable constitutional claims or questions of law. See 8 U.S.C. § 1252 (a)(2)(C)-(D).

Garcia-Merced’s conviction for possession of marijuana for sale under California Health and Safety Code § 11359 is categorically an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B), illicit trafficking in a controlled substance, see Roman-Suaste, 766 F.3d at 1037 , which renders her ineligible for asylum, see 8 U.S.C. §§ 1158 (b)(2)(A)(ii); 1158(b)(2)(B)(i).

Garcia-Merced’s drug trafficking offense is presumptively a particularly serious crime which…