Sara Sanchez-Resendez v. Loretta E. Lynch

MEMORANDUM

Petitioner Sara Sanchez-Resendez is a native and citizen of Mexico. She became a lawful permanent resident in 2003. She petitions for review of the Board of Immigration Appeals’ (BIA) conclusion that her conviction for facilitation of unlawful transportation of marijuana for sale, in violation of Arizona Revised Statutes §§ 13-1004, 13-3405(A)(4), 13 — 3405(B)(11), is a crime involving moral turpitude, subjecting her to removal under 8 U.S.C. § 1227 (a)(2)(A)(i). We have jurisdiction to review whether Sanchez’s conviction involves moral turpitude. See 8 U.S.C. § 1252 (a)(2)(D). We deny Sanchez’s petition.

After entering a guilty plea, Sanchez was convicted under two sections: (1) Ariz. Rev.Stat. § 13-1004 (facilitation) and (2) Ariz.Rev.Stat. § 13-3405(A)(4) (prohibiting, among other acts, the unlawful transportation of marijuana for sale). As an initial matter, Sanchez argues that we should not consider the underlying drug crime in determining whether her conviction involved moral turpitude. This argument is squarely foreclosed by our prior opinion in Barragan-Lopez v. Mukasey, 508 F.3d 899, 903 (9th Cir.2007), which looked to the underlying drug crime when…