Juan Garcia v. Loretta Lynch

MEMORANDUM

Juan Carlos Garcia petitions for review of the Board of Immigration Appeals’ (BIA) dismissal of his appeal of an Immigration Judge’s (IJ) decision finding him ineligible for asylum, withholding of removal and withholding under the Convention Against Torture (CAT). We have jurisdiction under 8 U.S.C. § 1252 (a)(2)(D) to review constitutional claims and questions of law, and we deny the petition.

1. Garcia’s conviction for delivery of methamphetamine under Oregon Revised Statutes (ORS) § 475.992 constitutes an aggravated felony, making him ineligible for asylum. See 8 U.S.C. § 1158 (b)(2)(A)(ii), (B)(i). An aggravated felony includes a felony controlled substance offense under the federal Controlled Substances Act (CSA). See id. § 1101(a)(43)(B); 18 U.S.C. § 924 (c)(2). Although ORS § 475.992 defines certain crimes that would not be considered felonies under the CSA—such as simple possession—the statute is divisible as between possession and delivery of methamphetamine because it provides different punishments for each. See Mathis v. United States, — U.S. -, 136 S.Ct. 2243, 2256 , 195 L.Ed.2d 604 (2016). Delivery of methamphetamine is a felony under the CSA, and Garcia…