Aurora Virrueta-Paliminos v. Eric Holder, Jr.

MEMORANDUM

Aurora Virrueta-Paliminos, a Mexican citizen and lawful permanent resident of the United States, petitions for review of the Board of Immigration Appeals’ dismissal of her appeal from the Immigration Judge’s denial of her applications for withholding of removal under the Immigration and Nationality Act and withholding and deferral of removal under the Convention Against Torture. Except as noted below, we have jurisdiction pursuant to 8 U.S.C. § 1252 . We DENY IN PART AND DISMISS IN PART.

The BIA applied the correct legal stan dard — Matter of Y-L-, 28 I. & N. Dec. 270 (A.G.2002) — to determine that Virrueta-Paliminos’s conviction for violating California Health and Safety Code § 11351 was a particularly serious crime barring her applications for withholding of removal. Miguel-Miguel v. Gonzales, 500 F.3d 941, 947-49 (9th Cir.2007). The BIA’s application of Y-L- complies with Blandino-Medina v. Holder, 712 F.3d 1338 (9th Cir.2013), because Y-L- “requires the agency to conduct a case-by-case analysis,” id. at 1343 , of drug trafficking crimes for which the petitioner was sentenced to less than five years by looking to whether the individualized circumstances of the…