Hector Oliva-Alfaro v. Eric Holder, Jr.

MEMORANDUM

Hector Oliva-Alfaro, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s removal order and denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny the petition for review.

Oliva-Alfaro challenges the BIA’s determination that his prior conviction for violation of California Health and Safety Code § 11351.5 is an aggravated felony rendering him removable. Under 8 U.S.C. § 1227 (a)(2)(A)(iii), “[a]ny alien who is convicted of an aggravated felony at any time after admission is deportable.” The term “aggravated felony” includes “illicit trafficking in a controlled substance ..., including a drug trafficking crime.” 8 U.S.C. § 1101 (a)(43)(B). We have held that “a conviction under [California Health and Safety Code] section 11351.5 categorically qualifies as a drug trafficking offense. ...” United States v. Morales-Perez, 467 F.3d 1219, 1223 (9th Cir.2006). Accordingly, Oliva-Alfaro’s prior conviction for violation of California Health and Safety Code § 11351.5 is an…