Leticia Rodriguez Ramirez v. Eric Holder, Jr.

MEMORANDUM

Leticia Rodriguez Ramirez, a native and citizen of Mexico, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming without opinion the Immigration Judge’s (“IJ”) denial of her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252 . We deny in part and dismiss in part the petition for review.

1. We lack jurisdiction to review the order of removal entered against Petitioner because her 2006 conviction for possession of methamphetamine in violation of California Health and Safety Code § 11377(a) renders her removable by reason of having committed a controlled substance offense covered by 8 U.S.C. § 1252 (a)(2)(C). See Cruz-Aguilera, v. INS, 245 F.3d 1070 , 1073 (9th Cir.2001).

2. Petitioner challenges the IJ’s determination that she committed an aggravated felony, making her ineligible for cancellation of removal pursuant to 8 U.S.C. § 1229b(a)(3). We lack jurisdiction to re view a final order of removal based upon an aggravated felony conviction. 8 U.S.C. § 1252 (a)(2)(C). We do, however, retain jurisdiction to determine whether a conviction constitutes an aggravated felony as a matter of law.…