Juan Oregon-Rico v. Eric Holder, Jr.

Good Law
594 F. App'x 394
United States Court of Appeals for the Ninth CircuitFebruary 26, 201512-72920, 13-70123California419 words

Opinion

Opinion

MEMORANDUM

In these consolidated petitions for review, Juan Oregon-Rico, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) orders dismissing his appeal from an immigration judge’s order of removal, and denying his motion to reopen. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo questions of law and due process claims, for abuse of discretion the denial of a motion to reopen, and for substantial evidence the agency’s factual findings. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir.2005). We deny the petitions for review.

The agency correctly determined that Oregon-Rico’s 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 Rendon v. Mukasey, 520 F.3d 967, 976 (9th Cir.2008) (“[Pjossession of a controlled substance with the intent to sell contains a trafficking element and is an aggravated felony.”). This conviction renders him ineligible for asylum, see 8 U.S.C. § 1158 (b)(2)(A)(ii), (B)(i), and cancellation of removal, see 8 U.S.C. § 1229b(a)(3).

The agency used the correct…

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