Salvador Guillen-Rico v. Eric Holder, Jr.

MEMORANDUM

Salvador Guillen-Rico, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeal’s order dismissing his appeal from an immigration judge’s removal (“IJ”) order. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo constitutional claims and questions of law, and review for substantial evidence the agency’s factual findings. Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny the petition for review.

The IJ correctly applied the modified categorical approach to determine that Guillen-Rieo’s conviction under Nevada Revised Statutes § 453.401 for conspiracy to sell methamphetamine is an aggravated felony under 8 U.S.C. § 1101 (a)(43)(U) that rendered Guillen-Rico removable under 8 U.S.C. § 1227 (a)(2)(A)(iii). See Rendon v. Mukasey, 520 F.3d 967, 975-76 (9th Cir.2008). The IJ therefore did not err in concluding that Guillen-Rico was ineligible for asylum, see 8 U.S.C. § 1158 (b)(2)(B)®, cancellation of removal, see 8 U.S.C. § 1229b(a)(3), and voluntary departure, see 8 U.S.C. § 1229c(b)(l)(C).

Substantial evidence supports the agency’s denial of Guillen-Rico’s applications for withholding of removal and protection…