Cristobal Acevedo v. Eric Holder, Jr.

MEMORANDUM

Cristobal Acevedo petitions for review of the Board of Immigration Appeals’ (“BIA”) decision (1) affirming the Immigration Judge’s (“IJ”) order finding that Acevedo is removable and ineligible for cancellation of removal based on his conviction under 21 U.S.C. § 856 (a)(2), which •is categorically an aggravated felony and (2) denying Acevedo’s motion to reopen or reconsider. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petitions.

Under 8 U.S.C. § 1101 (a)(43)(B), an aggravated felony is defined as “illicit trafficking in a controlled substance (as defined in section 802 of Title 21), including a drug trafficking crime (as defined in section 924(c) of Title 18).” There are “two possible routes [under § 1101(a)(43)(B) ] to qualify as an aggravated felony.” Rendon v. Mukasey, 520 F.3d 967, 974 (9th Cir.2008). A person can commit an aggravated felony (1) under the phrase “illicit trafficking in a controlled substance,” if the underlying crime “contains a trafficking element” or (2) under the phrase “drug trafficking crime[,] ... if it would be punishable as a felony under the federal drug laws.” Id. A “drug trafficking crime,” defined under 18 U.S.C. § 924…