Ayala-Hernandez
Ayala-Hernandez v. Fasano
Opinion
Lead Opinion
MEMORANDUM **
Diana Ayala-Hernandez, a native and citizen of Mexico, appeals the district court’s judgment denying her petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a). We review de novo, Angulo-Dominguez v. Ashcroft, 290 F.3d 1147, 1149 (9th Cir. 2002), and we may affirm on any ground finding support in the record, Cigna Prop, and Cas. Ins. Co. v. Polaris Pictures Corp., 159 F.3d 412, 418 (9th Cir.1998). We affirm.
Ayala-Hernandez contends that she is eligible for cancellation of removal because her 1996 felony drug conviction under California Health and Safety Code § 11360(a) does not constitute an aggravated felony in light of United States v. Rivera-Sanchez, 247 F.3d 905, 909 (9th Cir.2001) (en banc) (holding that a conviction under section 11360(a) is not an aggravated felony on its face because the statute criminalizes solicitation). We disagree.
Ayala-Hernandez conceded in her signed plea agreement that she “imported over 28 oz. of marijuana into the state.” See Huerta-Guevara v. Ashcroft, 321 F.3d 883, 888 (9th Cir .2003) (stating that under the modified categorical approach, judicially…