Joaquin Garcia Rosas v. Eric Holder, Jr.

MEMORANDUM

Joaquin Garcia Rosas, a native and citizen of Mexico, petitions pro se for review of an order of the Board of Immigration Appeals dismissing his appeal from the removal order of an immigration judge (“IJ”). We have jurisdiction under 8 U.S.C. § 1252 . We review de novo due process claims and questions of law, Si-meonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004), and review for abuse of discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We deny the petition for review.

The agency correctly concluded that Garcia Rosas’s conviction for possession of marijuana for sale in violation of section 11359 of the California Health and Safety Code constitutes a conviction for an aggravated felony under 8 U.S.C. § 1101 (a)(43)(B). See Rendon v. Mukasey, 520 F.3d 967, 974 (9th Cir.2008) (“[A] state drug crime is an aggravated felony if it would be punishable as a felony under the federal drug laws”). The agency also correctly concluded that Garcia Rosas’s aggravated-felony conviction rendered him statutorily ineligible for cancellation of removal and voluntary departure. See 8 U.S.C. §§ 1229b(a)(3) (disqualifying…