Roberto Carlos Solorzano-Rodri v. Eric H. Holder Jr.

MEMORANDUM

In these consolidated petitions for review, Roberto Carlos Solorzano-Rodri- guez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his applications for asylum, withholding of removal and protection under the Convention Against Torture (“CAT”), as well as the BIA’s order denying his subsequent motion to reopen. We review de novo questions of law, and for substantial evidence the agency’s factual findings. Ochoa v. Gonzales, 406 F.3d 1166, 1169 (9th Cir.2005). We review for abuse of discretion the denial of a motion to reopen. Reyes v. Ashcroft, 358 F.3d 592, 595 (9th Cir.2004). We deny the petitions for review.

The agency properly determined that Solorzano-Rodriguez is removable as an alien convicted of an aggravated felony as defined in 8 U.S.C. § 1101 (a)(43)(B) based on his 2005 conviction for possession of marijuana for sale in violation of California Health and Safety Code § 11359. See Rendon v. Mukasey, 520 F.3d 967, 975-76 (9th Cir.2008). Because the 2005 conviction is an aggravated felony, the agency did not err in concluding that…