Cerros-Henrriquez

Cerros-Henrriquez v. Holder

Good Law
367 F. App'x 851
United States Court of Appeals for the Ninth CircuitFebruary 26, 201007-70482California330 words

Opinion

Opinion

MEMORANDUM

Milagros Cerros-Henrriquez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s removal order. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review de novo questions of law, Mielewczyk v. Holder, 575 F.3d 992, 994 (9th Cir.2009). We deny in part and grant in part the petition for review.

The record of conviction establishes that Cerros-Henrriquez’s 1993 conviction for violating California Health and Safety Code § 11352(a) (“section 11352(a)”) related to cocaine, a federally defined controlled substance. See United States v. Snellenberger, 548 F.3d 699, 702 (9th Cir.2008) (en banc) (per curiam) (a clerk’s minute order may be considered with the information in applying the modified categorical approach). Cerros-Henrriquez’s contention that section 11352(a) is over-broad for the purpose of establishing re-movability under 8 U.S.C. § 1182 (a)(2)(A)(i)(II), because it prohibits solicitation to commit a controlled substance related offense, is foreclosed. See Mielewczyk, 575 F.3d at 997-98 .

The agency concluded that Cerros-Hen-rriquez’s conviction under section…

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