Javier Villegas v. Eric Holder, Jr.

MEMORANDUM

Javier Villegas, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision pretermitting his applications for cancellation of removal and voluntary departure. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law. Rendon v. Mukasey, 520 F.3d 967, 971 (9th Cir.2008).We deny in part and dismiss in part the petition for review.

The BIA correctly determined that Vil-legas’ conviction under California Health and Safety Code § 11351 for possession of cocaine for sale constitutes a drug trafficking aggravated felony under 8 U.S.C. § 1101 (a)(43)(B). See id. at 976 (“[Possession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony.”); United States v. Gomez-Hernandez, 680 F.3d 1171, 1174-75 (9th Cir.2012) (charging document and transcript of plea colloquy may be used to determine whether offense is a removable one). The BIA also correctly concluded that Villegas’ conviction renders him ineligible for cancellation of removal, see 8 U.S.C. § 1229b(b)(l)(C), and pre- and post-hearing…